IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 4TH JANUARY 2008 / 14TH POUSHA 1929 CRP.No. 245 of 2002(A) CMA.54/1998 of III ADDL. DISTRICT COURT, KOLLAM OS.58/1996 of MUNSIFF-MAGISTRATE COURT, SASTHAMCOTTA REVN. PETITIONER: APPELLANT/PETITIONER -------------------------------------- ALIKUNJU THANGAL KUNJU,RAZEELA MANZIL, PALLISSERIKKAL MURI, SASTHAMCOTTA VILLAGE FROM MELEKOTTU VILAYIL,PALLISSERIKKAL MURI. BY ADV. SRI.M.V.IBRAHIMKUTTY RESPONDENTS: RESPONDENTS/RESPONDENTS ------------------------------------ 1. SECRETARY, TRAVANCORE DEVASWOM BOARD, THIRUVANANTHAPURAM. 2. YOUSUF KUNJU ISMAIL KUNJU, THENGUMTHARA PUTHEN VEEDU,PALLISSERIKKAL, SASTHAMCOTTA VILLAGE. BY ADV. SRI.S.V.BALAKRISHNA IYER R1 BY ADV. SRI.U.K.RAMAKRISHNAN SRI.E.K.MADHAVAN SRI.P.V.LOHITHAKSHAN SMT.P.VIJAYAMMA SRI.V.KRISHNA MENON THIS CIVIL REVISION PETITION HAVING BEEN FINALLY HEARD ON 04/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: C.M.P.NO.542/2002 IN C.R.P.NO.245/2002 DISMISSED 4/1/2008 SD/- K.T.SANKARAN, JUDGE //TRUE COPY// AHZ/ K.T.SANKARAN, J. -------------------------------------------- C.R.P. NO. 245 OF 2002 -------------------------------------------- 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 :: 2 :: 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. ------------------------------------------- ------------------------------------------- C.R.P.NO. 245 OF 2002 O R D E R 4th January, 2008 -------------------------------------------