IMAMUDDIN Vs. MOHD YUSUF

JUDGEMENT

(1.) The petitioner, who was defendant in the suit, aggrieved by the order dated 13th July, 2005, passed by the revisional court, whereby the revisional court allowed the revision filed by the respondent-plaintiff, approached this Court by means of present writ petition under Article 226 of the Constitution of India, copy whereof is annexed as Annexure-4 to the writ petition.

(2.) Plaintiff, Mohd. Yusuf, the respondent in this writ petition, filed a suit impleading the petitioner as defendant. Alongwith the suit, the plaintiff also filed an application paper No. 6C with the prayer that a temporary injunction may be granted to the plaintiff. The trial court vide its order dated 20th May, 2005 has held that it is expedient in the interest of justice that no ex parte temporary injunction can be granted to the plaintiff and the injunction application may be disposed of only after hearing the defendant, it therefore directed issue notices on the injunction application to the defendant directing the case to come up on 31st May, 2005.

(3.) Aggrieved by the order dated 20th May, 2005, passed by the trial court, referred to above, the plaintiff-respondent preferred a revision before the revisional court. The revisional court vide its order impugned in the present writ petition allowed the revision filed by the plaintiff-respondent and set aside the order passed by the trial court whereby the trial court directed the issue notice to the defendant and granted temporary injunction directing the parties to maintain the status quo till the disposal of the suit. Being aggrieved by the order passed by the revisional court, the petitioner-defendant approached this Court by means of present writ petition.