Tax Management India. Com
Law and Practice  :  Digital eBook
Research is most exciting & rewarding


  TMI - Tax Management India. Com
Follow us:
  Facebook   Twitter   Linkedin   Telegram

TMI Blog

Home

1948 (4) TMI 6

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... two civil miscellaneous appeals were filed against two orders of the learned District Judge of Madura dismissing two applications for the issue of an interim injunction restraining the respondent from executing the decree for possession obtained by him in O.S. No. 15 of 1944 on the file of the Subordinate Judge's Court of Madura pending two appeals before him. That suit, namely, O.S. No. 15 o .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... that Order 39, Rule 2 would apply. Before us, it was contended that the case might be brought within Order 39, Rule 2. Reliance was placed on the words, restraining the defendant from committing--other injury of any kind. No authority has been cited to us that proceedings in execution of a compromise decree which had not been set aside would amount to committing an injury. It was said that the .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... have to determine is the power of the lower Court to grant an injunction. None of the decisions relied on by the learned Counsel for the appellants in Singaravelu Mudaliar v. Balasubramania Mudaliar (1926) 24 L.W. 421 Periakaruppan Chettiar v. Ramaswami Chettiar (1928) 27 L.W. 418 and Govindarajulu Naidu v. Imperial Bank of India, Vellore (1931) 35 L.W. 168 has any application to the facts of this .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

 

 

 

 

Quick Updates:Latest Updates