MOHAMMED IKRAMUL QUADIR Vs. MOHAMMED AMAANUL QUADIR

JUDGEMENT

(1.) This civil revision petition is preferred under Article 227 of the Constitution of India as against the order made in IA No.2582 of 2003 in A.S. No.471 of 2003 on the file of the III Additional Chief Judge, City Civil Court, Hyderabad.

(2.) The application was moved by the respondent-petitioner under Order 39, Rules 1 and 2 read with Section 151 of the Code of Civil Procedure to grant temporary injunction. The said application was allowed, and aggrieved by the same; the present civil revision petition is filed. It is not in controversy that in a pending First Appeal, an application praying for relief of temporary injunction under Order 39, Section 151 of CPC was moved and as against this order, Civil Miscellaneous Appeal under Order 43, Rule 1 CPC would lie.

(3.) Sri Srinivas, learned Counsel representing the revision petitioner made a request praying for permission to convert the Civil Revision Petition into one of Civil Miscellaneous Appeal.