YOGESH KUMAR SHARMA Vs. MUNNI DEVI

JUDGEMENT

(1.) THIS civil revision under Sec tion 115 of CPC has been filed by the revi sionist against the order dated 15- 9-2008, passed by Civil Judge (Senior Division), Malihabad, Lucknow in Original Suit No. 521 of 2008, whereby the court below has passed an order of issuing notice on the application for interim injunction filed under Order XXXIX, Rules 1 and 2 of CPC. Revisionist filed a suit for permanent injunction against the defendants for restraining them from evicting the plaintiff/revisionist and his fam ily members from the house in question situ ated at Kanpur Road, Aashiyana, Lucknow. The revisionist also filed an application un der Order XXXIX, Rule 1 for the grant of interim injunction. The court below by the impugned order dated 15-9-2008 has ordered the issuance of notice on the interim injunc tion application. The revisionist feeling ag grieved by and dissatisfied with the im pugned order dated 15-9-2008 passed by the court below has filed this revision.

(2.) THE opposite parties have filed a short counter affidavit raising preliminary objection on the maintainability of the present re vision.

(3.) LEARNED counsel for the opposite par ties while referring to the provisions under Section 115 of C. P. C. and Order 39, Rulees 1 and 2 of CPC, has argued that neither the case has been decided by the court below nor the Order issuing notice has finally disposed of the suit or other proceedings nor the order has caused failure of justice or irreparable injury to the revisionist.