MOHD RAIS KHAN Vs. NASEEB ULLAH KHAN

JUDGEMENT

(1.) UMESHWAR Pandey, J. Heard learned Counsel for the parties.

(2.) IN this writ petition the petitioner has challenged the order dated 23-12-2005 passed by the revisional Court.

(3.) IT has been submitted from the side of petitioner that the very order of entertaining the revision is illegal as the revision was not at all maintainable. The learned Counsel has cited the case law of Gayatri Devi & Ors. v. Shashi Pal Singh, 2005 (3) JCLR 146 (SC) : (2005) 5 SCC 527; Rajpal Singh v. Rich Pal Singh & Ors. , 2006 (1) JCLR 82 (All) : (2006) 62 ALR 278; Bhagwati Prasad Lohar & Ors. v. State of U. P. through Secretary of Legal Department, Lucknow, U. P. & Ors. , 2005 (60) ALR 512; Rajendra Singh & Ors. v. Brij Mohan Agarwal & Anr. , AIR 2003 Allahabad 180; Brij Bhushan v. District Judge, Saharanpur & Ors. , 2004 (1) JCLR 93 (All) : 2004 (1) AWC 502 and Shiv Shakti Co-op. Housing Society, Nagpur v. M/s. Swaraj Developers, 2003 (2) JCLR 756 (SC) : 2003 (4) Apex Decisions (SC) 238. With the strength of the aforesaid cases, the learned Counsel has emphasised that an order directing issue of notices to the defendants on a temporary injunction matter by the Court, is not revisable under Section 115 of CPC.