IN THE HIGH COURTOF PUNJAB AND HARYANA, CHANDIGARH. C.R.No.5137 of 2009 (O&M) Date of decision: 15.2.2010 Shriram Transport Finance Company Ltd. and another .....Petitioners. vs. Parma Nand ....Respondent CORAM: HON'BLE MR.JUSTICE RAKESH KUMAR GARG. Present: Mr.Manish Soni, Advocate, for the petitioners. Mr.D.R.Punia, Advocate, for the respondent. -- Rakesh Kumar Garg,J.(Oral) This is defendants' revision petition challenging the impugned order dated 23.5.2009 whereby the Civil Judge (Junior Division),Phagwara, has restrained the petitioners from taking possession of the vehicle in question forcibly and illegally except in due course of law, while holding that the suit was not maintainable Learned counsel for the petitioners has argued that once the civil suit itself has been held to be not maintainable, the Civil Court could not have granted any restraint order. Counsel for the respondent has argued that in fact the restraint order is only to the extent of restraining the petitioners from taking forcible and illegal possession of the vehicle in question. I have heard the learned counsel for the parties. I find force in the argument raised by the learned counsel for the petitioners. Once it was held that suit was not maintainable no further interim order could be passed by the Court. Accordingly, this revision petition is allowed to the extent that Civil Court could not have passed any order restraining the petitioners after holding that suit was not maintainable Thus, the impugned order is quashed to that extent. ( Rakesh Kumar Garg) Judge February 15, 2010 rk