NARENDRA KUMAR Vs. NAGAR NIGAM BAREILLY

JUDGEMENT

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

(2.) THIS petition is directed against the judgment and order dated 14-2-2006, passed by the Revisional Court in a suit for permanent injunction. The petitioner-plaintiff moved an application for grant of temporary injunction under Order XXXIX, Rules 1 and 2, C. P. C. , upon which the Trial Court issued notices to the defendants-respondent Nos. 1 to 3, vide Annenxure No. 2, and fixed a date for objection and disposal of the temporary injunction matter. The petitioner-plaintiff went in revision against that order which was though entertained but was found to be not maintainable and after hearing both the parties the Revisional Court discussing the merits of the respective cases of parties, passed the impugned order directing the Trial Court to hear the temporary injunction matter and then pass suitable orders in that regard.

(3.) IN case counter-affidavit has not been filed as yet the respondent shall file it within a period of one week hereinafter before the Court below. .