1948 (4) TMI 6

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....eous appeals, Nos. 602 and 603 of 1947. The two civil miscellaneous appeals were filed against two orders of the learned District Judge of Madura dismissing two applications for the issue of an interim injunction restraining the respondent from executing the decree for possession obtained by him in O.S. No. 15 of 1944 on the file of the Subordinate Judge's Court of Madura pending two appeals b....

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....t evidently it was not argued before him that Order 39, Rule 2 would apply. Before us, it was contended that the case might be brought within Order 39, Rule 2. Reliance was placed on the words, " restraining the defendant from committing--other injury of any kind." No authority has been cited to us that proceedings in execution of a compromise decree which had not been set aside would am....

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....d by the appellants in this case and all that we have to determine is the power of the lower Court to grant an injunction. None of the decisions relied on by the learned Counsel for the appellants in Singaravelu Mudaliar v. Balasubramania Mudaliar (1926) 24 L.W. 421 Periakaruppan Chettiar v. Ramaswami Chettiar (1928) 27 L.W. 418 and Govindarajulu Naidu v. Imperial Bank of India, Vellore (1931) 35 ....