R.M PALANIAPPAN & ORS Vs. INDIAN CULTURAL RESEARCH TRUST & ANR

Supreme Court of India (Division Bench (DB)- Two Judge)

Appeal (Civil), 11487 of 2016, Judgment Date: Nov 29, 2016

                                                              NON-REPORTABLE

                        IN THE SUPREME COURT OF INDIA
                        CIVIL APPELLATE JURISDICTION

                       CIVIL APPEAL NO. 11487 OF 2016
              [@ SPECIAL LEAVE PETITION (C) NO. 5002 OF 2016 ]


      R.M PALANIAPPAN & ORS                         Appellant(s)

                                   VERSUS

      INDIAN CULTURAL RESEARCH TRUST & ANR         Respondent(s)

                                    WITH

                       CIVIL APPEAL NO. 11488 OF 2016
              [@ SPECIAL LEAVE PETITION (C) NO. 5101 OF 2016 ]

                       CIVIL APPEAL NO. 11489 OF 2016
              [@ SPECIAL LEAVE PETITION (C) NO. 5180 OF 2016 ]

                       CIVIL APPEAL NO. 11490 OF 2016
              [@ SPECIAL LEAVE PETITION (C) NO. 5184 OF 2016 ]

                               J U D G M E N T

KURIAN, J.

1.    Leave granted.
2.    The impugned order arises out of an interlocutory order passed by  the
VI Assistant  Judge,  City  Civil  Court,  Chennai  dated  16.10.2014.   The
operative portion of the interlocutory order reads as follows :-
"In the result, the petition is allowed and thereby an  order  of  Temporary
injunction is granted restraining the respondents/defendants and their  men,
agents and servants from  conducting  the  executive  committee  meeting  on
17.10.2014 or any other future dates as per the notice dated 8.10.2014.   No
cost."

3.    The said interlocutory order was affirmed in the  Civil  Misc.  Appeal
No. 142 of 2014 by the IV Additional Judge, City Civil Court, Chennai.

4.    The matter was pursued before the High Court in Revision, wherein  the
following impugned order was passed :-
"58.  In fine,
(i)   C.R.P.(PD) Nos. 2905 and 4273 of 2015 are allowed.
(ii)  The fair and decreetal order dated 13.04.2015 made in C.M.A.  No.  142
of 2014 by confirming the order and decreetal order  dated  16.10.2014  made
in I.A.No. 15897 of 2014 in O.S.No. 5904 of 2014 is hereby set aside.
(iii) Consequently, the application in I.A.No. 15897 of  2014  in  O.S.  No.
5904 of 2014 on the file of the  learned  VI  Assistant  Judge,  City  Civil
Court, Chennai is hereby dismissed.

(iv)  C.R.P. (PD) Nos. 2906 and 4272 of 2015 are allowed.
(v)   The fair and decreetal order dated 13.04.2015 made  in  C.M.A.No.  143
of 2014 by confirming the order and decreetal order  dated  16.10.2014  made
in I.A.No. 15900 of 2014 in O.S.No. 5905 of 2014is hereby set aside.
(vi)  Consequently, the application in I.A.No.  15900  of  2014  in  O.S.No.
5905 of 2014 on the file of the  learned  VI  Assistant  Judge,  City  Civil
Court, Chennai is hereby dismissed.
vii)  However, there is no order as to costs."

5.     Heard the learned senior counsel appearing on both  the  sides.   The
respondents have fairly submitted that the impugned order can be  set  aside
with their consent.  Therefore, it is not necessary to go into  any  of  the
contentions, being an order at the interlocutory  stage.   Necessarily,  the
interim order passed by the Assistant Judge, the operative portion of  which
is extracted above, will resuscitate, pending the  suit,  unless  and  until
duly varied by the trial court. Ordered accordingly.

6.    Now that we have set aside the order and since the  order  arises  out
of an interim order, needless to say,  it  shall  have  no  bearing  on  the
outcome of the suit.

7.    With the above observations and directions and leaving  open  all  the
contentions, the appeals are disposed of.
      No costs.
                                                   .......................J.
                                                      [ KURIAN JOSEPH ]

                                                   .......................J.
                                              [ ROHINTON FALI NARIMAN ]

      New Delhi;
      November 29, 2016.