CRP No. 155 of 2012 · Kerala High Court

S.S.SATHEESACHANDRAN, J.-------------------------------C.R.P.NO.155 OF 2012 -----------------------------------Dated this the 3rd day of April, 2012

O R D E RChallenge in the revision is against an ex parte order of injunction passed against the petitioner in a suit. The very institution of the suit by the respondent was an abuse of processof the court and the ex parte order of injunction was passed by the learned Munsiff without even looking into the records nor of the allegations set out in the plaint, is the submission of the learned counsel to invoke the revisional jurisdiction of this Courtto challenge that order. It is open to the petitioner to canvass whatever challenges available to him before the court which passed the order as provided by law. Needless to point out, he can move an application under Rule 4 of Order XXXIX of the Code of Civil Procedure for vacating, varying or modifying the order. If the court below is not taking steps for disposal of the application for injunction, after passing an order ex parte against him, within the period of thirty days mandatorily fixed, it is open C.R.P.No.155/20122to him to invite the attention of the court for expeditious disposal of the application. That being so, the original petition filed to impeach the ex parte order of injunction invoking the extraordinary jurisdiction of this Court cannot be entertained. Reserving the right of the petitioner to seek appropriate remedies as provided by law, the original petition is closed.S.S.SATHEESACHANDRAN JUDGEprp