MUNIYAPPA H Vs. M SUBBARAYAN

JUDGEMENT

(1.) THIS revision u/s. 115 of the Code of civil Procedure is directed against order passed in M. A. No. 72/2001 dated 9. 2. 2004 by the learned Principal civil Judge (Sr. Dn ). , Bangalore Rural District at Bangalore confirming the order dated 6. 7. 2001 passed on IA no. VI in O. S. No. 245/92 by the Learned Principal Civil Judge (Jr. Dn.), at Anekal, directing petitioner be detained in civil prison for a term of ten days for dis-obedience of interim order.

(2.) THE Factual matrix manifesting from the record indictes the following :-

(3.) AN application was filed under order 39 Rules 1 and 2 of code of civil Procedure seeking grant of ad-interim injunctive order pending consideration of the suit on merits. It appears that the Learned Principal Civil Judge (Jr. Dn.), at Anekal considered the Interlocutory Application, formed opinion that a prima-facie case was made out and as there was urgency dispensed with prior notice to the defendant and granted an order of ad-interim injunction as prayed for in IA No. I. Thereafter, the plaintiff was called upon to comply with the provisions under Order 39 Rule 3 (a) of Code of Civil Procedure to serve the notice to the defendant.