KISHOR SHRIRAM AGRAWAL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) APPELLANT Kishor son of Shriram Agrawal has filed the present appeal against the order passed by Additional District Judge, Buldhana, on 03-03-2003 in M. J. C. No. 1/03. , whereby the learned Judge rejected the application of the present appellant for the grant of temporary injunction.

(2.) THE appellant who is the original plaintiff filed a suit for declaration and perpetual injunction being Reg. C. S. No. 200/01 in the Court of Civil Judge, Senior Division, Buldhana. In that civil suit he moved an application for the grant of temporary injunction for protection of his possession over the property in suit. The said temporary injunction application came to be rejected. The appellant thereupon filed a Misc. Civil Appeal (wrongly captioned as Regular Civil Appeal) challenging the order of rejection of temporary injunction application and in that Misc. Civil Appeal the appellant filed the aforesaid M. J. C. claiming a relief of temporary injunction. By the aforesaid order dated 03-03-2003 the Additional District Judge, Buldhana rejected the said application which rejection is impugned in this appeal against order.

(3.) A query was made to the learned counsel for the appellant as to how the appeal is maintainable. The learned counsel for appellant submitted that the appeal is maintainable under Order 43, Rule l (r) Civil Procedure Code as the order impugned in this appeal is an order rejecting the application for the grant of temporary injunction.