IN THE HIGH COURT OF KERALA AT ERNAKULAM
CRP No. 245 of 2002(A)
1. ALIKUNJU THANGAL KUNJU,RAZEELA MANZIL,
... Petitioner
Vs
1. SECRETARY, TRAVANCORE DEVASWOM BOARD,
... Respondent
2. YOUSUF KUNJU ISMAIL KUNJU,
For Petitioner :SRI.M.V.IBRAHIMKUTTY
For Respondent :SRI.S.V.BALAKRISHNA IYER
The Hon'ble MR. Justice K.T.SANKARAN
Dated :04/01/2008
O R D E R
K.T.SANKARAN, J.
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C.R.P. NO. 245 OF 2002
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Dated this the 4th January, 2008
O R D E R
The Civil Revision Petition is filed against the judgment in
C.M.A.No.54 of 1998, on the file of the III Additional District Judge,
Kollam. The said appeal was filed against the order in I.A.No.266 of 1996
in O.S.No.58 of 1996 on the file of the Munsiff-Magistrate’s Court,
Sasthamcotta. The prayer in I.A.No.266 of 1996 was for temporary
injunction. The trial court dismissed the application for injunction. It was
held that the suit will be disposed of untrammelled by anything contained
in the order. The Appellate Court confirmed the order of the trial court.
2. In this Civil Revision Petition, the second respondent is not
served with notice. Today, when the case is posted in the defect list,
there is no representation for the petitioner. No steps have been taken to
complete service of notice on the second respondent.
3. Since the Revision is against an order in an application for
temporary injunction, after the amendment of Section 115 of the Code of
Civil Procedure by Act 46 of 1999, no revision would lie against such an
order. As per the amendment, as held by the Honourable Supreme
Court, the High Court shall not vary or reverse any order made in the
C.R.P. NO. 245 OF 2002
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course of a suit or other proceedings, except where the order, if it had
been made in favour of the party applying for revision, would have finally
disposed of the suit or other proceedings. The proviso to sub-section (1)
of Section 115 of the Code of Civil Procedure normally bars the revision.
In such circumstances, it is not necessary to grant time to cure the
defects.
Accordingly, the Civil Revision Petition is dismissed.
(K.T.SANKARAN)
Judge
ahz/
K.T.SANKARAN, J.
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C.R.P.NO. 245 OF 2002
O R D E R
4th January, 2008
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