MANDEEP SINGH Vs. NAGAR PALIKA PARISHAD

JUDGEMENT

(1.) Heard Sri Pradeep Kumar learned senior Advocate for the petitioners and Sri Sharad Sharma, learned counsel for the respondents No.2 and 3.

(2.) It is contended by learned counsel for the petitioners that in the suit filed for permanent injunction, an application for grant of temporary injunction was moved in which the Court below, after recording reasons, as provided in proviso to Rule 3 of Order XXXIX C.P.C., had issued notice to the defendants and till the next date of listing had passed the order of status quo. Aggrieved by the order granting ad interim injunction, a misc. appeal has been preferred by the contesting defendant-respondent.

(3.) Learned counsel for the petitioners submits that against the order granting ad interim injunction, no misc. appeal lies under Order XLIII Rule 1(r) C.P.C. and the only remedy was to either file stay vacation application or to have approach this Court under Article 227 of the Constitution of India. Reliance has been placed upon judgment of coordinate Bench of this Court in case of Gurmej Singh and others vs. Ranjit Kaur and others 2020 (12) ADJ 561.