Mukesh Chand Gulecha v. R.Navarathan Nahar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.01.2024

CORAM:

THE HONOURABLE MR.JUSTICE S.SOUNTHAR and CMP.No.18434 of 2021 1.Mukesh Chand Gulecha 2.Dr.Gyan Jain President Shree Chandra Prabhu Maharaj Juna Jain Mandhir Trust No.10, Mandapam Road Kilpauk, Chennai 600 010.

... Petitioners Vs.

R.Navarathan Nahar Trustee Shree Chandra Prabhu Maharaj Juna Jain Mandhir Trust No.6/44, General Muthia Mudali Street Sowcarpet, Chennai 600 001.

...Respondent

Prayer: Civil Revision Petition filed under Article 227 of the Constitution of India, to set aside the order dated 27.10.2021 passed in IA.No.2 of 2021 in OS.No.7009 of 2021 on the file of the learned 1st Judge, City Civil Court, Chennai and allow the above Civil Revision Petition. 1/4

For Petitioners : Mr.P.Prithvi Chopda For Respondent : Ms.Vedavalli Kumar

ORDER

This Civil Revision Petition is filed challenging the order passed by the Court below granting exparte ad-interim injunction in favour of the respondent till 08.11.2021. The impugned order was challenged by the petitioners on the ground that the learned Judge has not recorded any prima facie finding at the time of granting ad-interim injunction and the impugned order is liable to be set aside as it is a non-speaking order.

2. When the matter is taken up for hearing, the learned counsel for the respondent has drawn the attention of this Court to the certified copy of the order passed by the Court on 27.10.2021. A perusal of the same would suggest that, at the time of granting exparte ad-interim injunction, the learned Judge had taken into consideration the averments of the respondent in the affidavit filed in support of his injunction petition and the documents filed in support of his averments and came to the prima facie conclusion in favour of the respondent. Recording that the prima facie case and the balance of 2/4

inconvenience was in favour of the respondent the learned Judge had granted exparte ad-interim injunction till 08.11.2021. Therefore, the order impugned in the revision cannot be termed as non-speaking order.

3. Hence, this Court is not inclined to entertain the Revision. However, liberty is granted to the petitioner to file a counter in the interim injunction application and oppose the same. The Court below is directed to dispose of the application for grant of interim injunction as expeditiously as possible.

4. With the above direction, this Civil Revision Petition is dismissed. No costs. Consequently, connected Miscellaneous Petition is closed.

12.01.2024 Index : Yes / No Internet : Yes / No dna 3/4

S.SOUNTHAR , J.

dna To The 1st Judge, City Civil Court, Chennai.

and CMP.No.18434 of 2021 12.01.2024 4/4