(1.) The present Appeal from Order under the provisions of Order 43 Rule 1(r) of the Code of Civil Procedure, 1908 (for challenging the order dated 03.11.2012 passed by the learnednd 2 Additional Senior Civil Judge and Additional Chief Judicial Magistrate, Patan below application Exh.5 in Special Civil Suit No.21 of 2012 restraining the defendant No.2 to erect any additional construction in addition to construction already been done and further, directed both the parties to the suit to maintain status quo position qua the suit property pending final disposal of the suit.
(2.) No doubt, the present Appeal from Order is filed under the provisions of Order 43 Rule 1(r) of the Code and challenge in this appeal is a discretionary order passed by the learned trial Judge under the provisions of Order 39 Rules 1 and 2 of the Code. In case of Matrix Telecom Pvt.Ltd. V/s. Matrix Cellular Services Pvt. Ltd., 2011 3 GLR 1951, this Court, in paras 6 and 6.1, observed as under:-
(3.) Similarly, in the case of Wonder Ltd. and another V/s. Antox India Pvt. Ltd.,1990 Supp SCC 727, the Hon'ble Supreme Court in para 9 of the said decision, after considering the scope of Order 43 Rule 1(r) of the Code in an appeal wherein, the discretionary order passed by the learned trial Court is under challenge, observed as under:-
ABOUT US "REGENT COMPUTRONICS PVT. LTD." is a Company incorporated in 1991 under the provisions of the Companies Act, 1956. Since its inception to 1995, the Company was busy in carrying out the activities related to various Banks' Job Work..
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