Bollineni Hillside Residential ... vs Bvm Global Educational Trust
2021 Latest Caselaw 23113 Mad

                                                                                   CRP No.2370 of 2021

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                 DATED: 25.11.2021

                                                       CORAM:

                                  THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN

                                               CRP No.2370 of 2021
                                         and CMP Nos.18638 & 18028 of 2021

                     Bollineni Hillside Residential Township Owners Association,
                     Represented by its President
                     Perumbakkam Road,
                     Nookampalayam,
                     Sithalapakkam Post,
                     Chennai - 126.                                           ... Petitioner

                                                           Vs

                     BVM Global Educational Trust,
                     New No.9, Old No.5, 1st Cross Street,
                     Karpagam Gardens,
                     Chennai- 20.
                     Rep. by Managing Trustee
                     Mr.A.S.Ramana Prasad                                          ... Respondent


                     Prayer: This Civil Revision Petition filed under Article 227 of the

                     Constitution of India, against the interim order of the IV Assistant City Civil

                     Court, Chennai passed in I.A. No.2 of 2019 in O.S. No.2040 of 2019.




                     1/4


https://www.mhc.tn.gov.in/judis
                                                                                   CRP No.2370 of 2021

                                           For Petitioner      : Mr.L.Chandrakumar
                                                                 Senior Counsel
                                                                 for Mr.K.Jayaraman

                                           For Respondent      : Mr.Krishna Srinivasan


                                                       ORDER

The challenge in this revision is to an order of the learned IV

Assistant City Civil Judge, Chennai, granting an interim injunction

restraining the petitioner from taking any coercive steps for recovery of

illegal demands of maintenance fees or late payment charges or over due

interest except in accordance with law.

2. The order is dated 11.04.2019. This Civil Revision Petition is

filed on 08.10.2021. This revision can also be dismissed on the ground of

laches. But, I do not propose to do so since the order passed is an

appealable order in view of Judgment of the Hon'ble Supreme Court in

A.Venkatasubbiah Naidu Vs. S.Chellappan and Ors. reported in 2000 (7)

SCC 695. The Hon'ble Supreme Court in Virudhunagar Hindu Nadargal

Dharma Paribalan Sabai & Ors. Vs. Tuticorin Educational Society &

Ors. has held that when an appeal remedy is available under the Code of

https://www.mhc.tn.gov.in/judis CRP No.2370 of 2021

Civil Procedure, the High Court as a matter of discipline and prudence

would not entertain the revision under Article 227 of the Constitution of

India. Hence the revision is dismissed with liberty to the petitioner to file

an Appeal against the order granting interim injunction. No costs.

Consequently, connected Miscellaneous petitions are closed.

25.11.2021

vum/ab Index: Yes/No Speaking order / Non speaking order

To

1. The IV Assistant City Civil Court, Chennai.

2. The Section Officer, VR Section, Madras High Court, Chennai.

https://www.mhc.tn.gov.in/judis CRP No.2370 of 2021

R.SUBRAMANIAN, J.

vum/ab

CRP No.2370 of 2021 and CMP Nos.18638 & 18028 of 2021

25.11.2021

https://www.mhc.tn.gov.in/judis