AUROBINDO ASHRAM TRUST Vs. BAILOCHAN PARIDA

JUDGEMENT

(1.) HEARD the learned counsels appearing for both parties. The present revision petition is directed against passing of the final order of injunction pending the suit.

(2.) THE learned counsel for the petitioner has contended that even though several documents had been filed along with the objection filed on behalf of the present petitioners herein/defendants in the suit, the trial Court while passing the order of injunction, without referring to any such documents, has simply observed that there is a prima facie case.

(3.) THE learned counsel appearing for the respondent has raised an objection relating to the present revision petition being entertained by the High Court on the ground that the present petitioners have not availed of the alternative remedy available under the Civil Procedure Code. The learned counsel has further referred to the decision of the Supreme Court reported in (2004) 6 SCC 71 (Yeshwant Sakhalkar v. Hirabat Kamat Mhamai) and submitted that the High Court under Article 227 shall not interfere in such matters.