Or.39, rule 1 &2 C.P.C- interim injunction - not vacated - closed - amounts to closing for statistical purpose - not mean that interim injunction is vacated - injunction is pending = 2015 A.P.(2005) MSKLAWREPORTS
Therefore, it cannot be said that the Interlocutory Application is closed or closure of Interlocutory Application tantamount to an order of dismissal for vacating the order of ad-interim injunction. Therefore, the Respondent No. 4 is not permitted to alienate the suit property. After considering the rival contentions, I am satisfied that as held by the Hon'ble Supreme Court though the word 'closed' is not used in the Civil Procedure Code for statistical purpose but the Courts are using the words "closed". Therefore it does not mean closure of Interlocutory Application for statistical purpose amounts to vacating the order of ad-interim injunction or dismissing the Interlocutory Application as held by the Hon'ble Supreme Court that we have to see the substance of the order passed by the Court below. In the present case, it is appropriate to consider the dictum of the Apex Court in Pentapati China Venkanna and Ors. v. Pentapati Bangararaju and Ors., referred supra, the intention of the trial Judge is that the revision petitioner has to undergo imprisonment for a period not exceeding three months. But when the matter carried in appeal, the appellate Court after considering the facts and circumstances of the case came to a conclusion that sending the revision petitioner (R4) to the civil prison for a month is just and reasonable in the facts and circumstances of the case. Actually the revision petitioner has to be send to the civil prison for three months but the appellate Court restricted and fixed the period of imprisonment in civil prison is for one month. For all the above reasons, I do not see any illegality in passing the said order. The CRP accordingly fails, however, taking into consideration the age of the revision petitioner (R4), I deem it appropriate to reduce the period of imprisonment in civil prison to fifteen days. Moreover, the main case is posted for trial and for which both parties are ready to adduce evidence. In the circumstances, I hope that the disposal of the suit may not take much time inasmuch as the trial Judge had therefore closed the Interlocutory application. However, the intention of the Court below is not to vacate the ad-interim injunction already granted or dismissing of the Interlocutory application but it is closed for statistical purpose. Thus, the intention of the Court below can be viewed that the ad-interim injunction granted on 4-2-1997 is pending operation.
2015 A.P.(2005) MSKLAWREPORTS