LAKHAI Vs. RAM NIWAS

JUDGEMENT

(1.) A Suit No. 429 of 1986 was filed by the appellant in the court of Munsif, Baghpat, district Meerut for issue of a temporary (mandatory ?) injunction against the respondents. in the said suit an application was made under Order 39, Rule 1 of the Code of Civil Procedure for issue of a temporary injunction. No interim injunction was granted on this application but the trial court issued notices on the application. Against the order issuing notices to the respondents, the appellant filed Civil Revision No. 340 of 1986 in the court of District Judge, Meerut. After filing the revision an application was made for grant of temporary injunction again. The temporary injunction was granted by an order dated 1-12-1986. The respondents filed objections to the. grant of temporary injunction. The District Judge by an order dated 15-12-1986 rejected the application for grant of temporary injunction and vacated the order dated 1-12-1986. Against the order dated 15-12-1986 the present first appeal from order has been filed under Order 43, Rule 1(r) read with Section 104, Code of Civil Procedure.

(2.) Learned counsel for the respondents has taken a preliminary objection that the appeal against the order dated 15-12-1986 is not maintainable. I have heard the learned counsel for the parties on this preliminary objection.

(3.) Section 104 of the Code of Civil Procedure is as follows :