(1.) Controversy relates to interpretation of Section 115 of the Code of Civil Procedure. Whether against an order issuing notice to defendants on an application for temporary injunction filed under Order XXXIX, Rules 1 and 2 of the Code of Civil Procedure, a revision under Section 115 of the Code of Civil Procedure shall be maintainable is the question involved in the present writ petition?
(2.) PLAINTIFFS opposite parties No. 2 to 6 had filed a Regular Suit No. 129 of 2006 in the Court of Civil Judge, Senior Division Lucknow for permanent injunction. According to plaintiffs they are migrants from Pakistan and settled in this country during the partition years. The Government of India had rehabilitated them in various parts of the country. According to plaintiff respondents, the Cantonment Board had allotted to plaintiffs family the shops in question. They have got certain gumties on Nehru Road near Sadar Bazar Chauraha, Cantonment Lucknow, alleged to be allotted to them by the defendants. Notices were issued to them by the Cantonment Board to vacate the premises in question. The employees of Board had tried to demolish the premises in question. It has been pleaded in the plaint (Annexure -4) under Para 8 that on 4.2.2006 the defendants employees had tried to demolish the shops in question, feeling aggrieved they have preferred the suit.
(3.) SINCE , no injunction was granted by learned trial court feeling aggrieved the plaintiff respondents had preferred a revision under Section 115 of the Code of Civil Procedure against the order dated 8.2.2006 before the District Judge, Lucknow. The revision was heard by learned officiating District Judge, Lucknow on 20.2.2006. Out of eight plaintiffs three namely Ravindra Kumar Dhawan, Mamta Dhawan and Swarnkanta (plaintiff No. 2, 4 and 5) had not preferred a revision nor they were arrayed as party. Learned District Judge, at admission stage by common order admitted the revision and decided finally directing the parties to maintain status quo regarding the nature of possession of property in question. Learned Incharge District Judge, Lucknow had also directed the trial court to decide the application of temporary injunction within a period of one months with liberty to adjourn the case only in very exceptional circumstances.
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