Full Judgment Text
1
NON-REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 11487 OF 2016
[@ SPECIAL LEAVE PETITION (C) NO. 5002 OF 2016 ]
R.M PALANIAPPAN & ORS Appellant(s)
VERSUS
INDIAN CULTURAL RESEARCH TRUST & ANR Respondent(s)
WITH
CIVIL APPEAL NO. 11488 OF 2016
[@ SPECIAL LEAVE PETITION (C) NO. 5101 OF 2016 ]
CIVIL APPEAL NO. 11489 OF 2016
[@ SPECIAL LEAVE PETITION (C) NO. 5180 OF 2016 ]
CIVIL APPEAL NO. 11490 OF 2016
[@ SPECIAL LEAVE PETITION (C) NO. 5184 OF 2016 ]
J U D G M E N T
KURIAN, J.
1. Leave granted.
2. The impugned order arises out of an interlocutory
JUDGMENT
order passed by the VI Assistant Judge, City Civil
Court, Chennai dated 16.10.2014. The operative
portion of the interlocutory order reads as
follows :-
"In the result, the petition is
allowed and thereby an order of
Temporary injunction is granted
restraining the respondents/defendants
and their men, agents and servants
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from conducting the executive
committee meeting on 17.10.2014 or any
other future dates as per the notice
dated 8.10.2014. No cost."
3. The said interlocutory order was affirmed in the
Civil Misc. Appeal No. 142 of 2014 by the IV
Additional Judge, City Civil Court, Chennai.
4. The matter was pursued before the High Court in
Revision, wherein the following impugned order was
passed :-
"58. In fine,
(i) C.R.P.(PD) Nos. 2905 and 4273
of 2015 are allowed.
(ii) The fair and decreetal order
dated 13.04.2015 made in C.M.A. No.
JUDGMENT
142 of 2014 by confirming the order
and decreetal order dated 16.10.2014
made in I.A.No. 15897 of 2014 in
O.S.No. 5904 of 2014 is hereby set
aside.
(iii) Consequently, the application in
I.A.No. 15897 of 2014 in O.S. No. 5904
of 2014 on the file of the learned VI
Assistant Judge, City Civil Court,
Chennai is hereby dismissed.
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(iv) C.R.P. (PD) Nos. 2906 and 4272
of 2015 are allowed.
(v) The fair and decreetal order
dated 13.04.2015 made in C.M.A.No. 143
of 2014 by confirming the order and
decreetal order dated 16.10.2014 made
in I.A.No. 15900 of 2014 in O.S.No.
5905 of 2014is hereby set aside.
(vi) Consequently, the application
in I.A.No. 15900 of 2014 in O.S.No.
5905 of 2014 on the file of the
learned VI Assistant Judge, City Civil
Court, Chennai is hereby dismissed.
vii) However, there is no order as
to costs."
JUDGMENT
5. Heard the learned senior counsel appearing on
both the sides. The respondents have fairly
submitted that the impugned order can be set aside
with their consent. Therefore, it is not necessary
to go into any of the contentions, being an order at
the interlocutory stage. Necessarily, the interim
order passed by the Assistant Judge, the operative
portion of which is extracted above, will
resuscitate, pending the suit, unless and until duly
varied by the trial court. Ordered accordingly.
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6. Now that we have set aside the order and since
the order arises out of an interim order, needless to
say, it shall have no bearing on the outcome of the
suit.
7. With the above observations and directions and
leaving open all the contentions, the appeals are
disposed of.
No costs.
.......................J.
[ KURIAN JOSEPH ]
.......................J.
[ ROHINTON FALI NARIMAN ]
New Delhi;
November 29, 2016.
JUDGMENT
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