GURAPPA MALLAPPA KOTYAPPAGOL Vs. JAGANNATH

JUDGEMENT

(1.) HEARD learned Counsels appearing for the parties and perused the impugned order of the Appellate Court setting aside the interlocutory order of the Trial Court granting an order of injunction in favour of the petitioners/plaintiffs.

(2.) IN my opinion, the impugned order is not a revisable order falling within the ambit of Section 115 of the CPC as even if the impugned order had been made in favour of the petitioners/plaintiffs, it would not have finally disposed of the suit which is pending.

(3.) HOWEVER, Mr. V. R. Datar, learned Counsel strenuously contends that the impugned proceeding was under Order 43, Rule 1 of the Code of civil Procedure and hence such a proceeding would fall within the ambit of the 'other proceeding envisaged under Section 115 of the CPC.