Facts
The respondent-plaintiff filed O.S. No. 22 of 2025 seeking a permanent injunction against the petitioners-defendants from interfering with its possession and enjoyment of the suit properties.
Source reference: no citationThe trial court granted interim injunction under Order XXXIX Rules 1 and 2 CPC; the Subordinate Judge, Alandur, dismissed the defendants’ appeal and confirmed that order.
Source reference: p. 2–4The defendants challenged the appellate order under Article 227, contending that the diagnostic-centre licence was in the name of another company and that the plaintiff was using their equipment.
Source reference: p. 2–4A separate writ order had directed an inquiry into the plaintiff’s licence under the PCPNDT Act, 1994, with closure of the establishment if it lacked a valid licence.
Source reference: p. 2–4Issues
Whether the courts below committed perversity warranting interference under Article 227 by confirming interim injunction in favour of the plaintiff.
Source reference: p. 2, p. 5Whether the defendants’ grievances concerning the plaintiff’s alleged unlicensed operation and use of the defendants’ equipment required setting aside the injunction.
Source reference: p. 3–4Law Applied
Order XXXIX Rules 1 and 2 CPC provide for interim injunctions, and Article 227 empowers the High Court to exercise supervisory jurisdiction over subordinate courts.
Source reference: p. 5The Court’s stated basis for Article 227 intervention was whether the courts below had acted perversely; it found no such perversity in their orders.
Source reference: p. 5The PCPNDT Act, 1994, was relevant to the separate licensing inquiry already directed in the writ proceedings.
Source reference: p. 3The Court also observed that a claim concerning alleged unauthorised use of equipment could be pursued through independent proceedings for appropriate relief.
Source reference: p. 4Reasoning
The Court treated the licensing objection as addressed, for present purposes, by the prior writ order requiring the competent authority to determine whether the plaintiff held a valid PCPNDT licence and providing for closure if it did not.
Source reference: p. 3The equipment dispute was not a basis to determine the injunction revision; the defendants could pursue separate proceedings for compensation, damages, or mandatory injunction.
Source reference: p. 4The Court further reasoned that any illegality in the plaintiff’s operation would attract consequences against the plaintiff, which was running the centre, rather than vicariously against the defendants merely because the licence stood in another company’s name.
Source reference: p. 4–5Finding no perversity in the concurrent orders, it declined to interfere under Article 227.
Source reference: p. 5Holding
The Court dismissed the Civil Revision Petition, declined to disturb the interim injunction confirmed by the appellate court, made no order as to costs, and closed the connected miscellaneous petitions.
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Ratna PriyavsPriya Diagnostics and Ultra Sound Centre Private L
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