AIR 1968 MYSORE 283

Mysore High Court

Hon'ble Judge(s): K. Bhimiah , J

(A) Civil P.C. (5 of 1908) , O.39 R.1, O.39 R.2, O.39 R.4, S.115— Interim order passed by High Court during pendency of revision petition - Order cannot operate after disposal of revision petition. On rejection of application under O.39, Rr. 1, 2 the plaintiff filed a revision and obtained an order of temporary injunction. In that revision petition an application was filed for vacation of the interim order obtained. The Court passed an order directing defendant to take possession of the property and to withdraw the amount in deposit after giving security to the satisfaction of the Lower Court after dissolving interim injunction. Later on revision petition was allowed and the trial Court was directed to consider whether the temporary injunction order passed by it should or should not be vacated. Held that the interim order passed by High Court during the pendency of the revision petition could not operate after the disposal of the said petition. The Munsiff had no jurisdiction to seek to enforce the interim order passed by High Court after revision petition was disposed of: Misc. S. A. Nos. 59 and 62 of 1966 (Mys). Rel. on.(Para 9) (B) Civil P.C. (5 of 1908) , O.9 R.4, O.9 R.9— Restoration of suit dismissed for default - Whether revives ancillary orders: AIR 1965 All 5....