ALGU Vs. BHOLA

JUDGEMENT

(1.) Heard learned Counsel for the parties.

(2.) This writ petition, while challenging the order of the revisional court dated 18.4.2006 (Annexure-5), involves decision upon a precise question whether a revision against an order issuing show cause notice to the defendant by the trial court on an application seeking temporary injunction by the plaintiff is maintainable in the light of the State Amendment as incorporated in Section 115 of the Code of Civil Procedure (for short the 'C.P.C.') by U.P. Act No. 14 of 2003.

(3.) For a brief factual background of this case it may be stated that the petitioner plaintiff filed a suit (O.S. No. 503 of 2004) in the court of Civil Judge (Jr. Div.) seeking relief of permanent injunction against the respondents defendants restraining them from interfering in plaintiffs' possession over the disputed land of plot No. 45 shown by letters A, B, C, D in the plaint map. Along with this suit the petitioner also filed an interim application under Order XXXIX, Rules 1 and 2, C.P.C. to restrain the respondents from interfering into his possession over the land in question till disposal of the suit. The trial court upon hearing the plaintiffs' counsel and on perusal of the materials available before it, passed the order dated 16.8.2004, as stated in Para 10 of the petition and directed for issuance of show cause notice to the defendants respondents fixing a date for objection and disposal of the temporary injunction matter. Aggrieved against this order of the trial court the petitioner preferred a revision before the District Judge under Section 115, C.P.C. which has been dismissed by the impugned order (Annexure-5).