LAWS(MPH)-2020-5-295

MOHD. ABDULLA Vs. JANKI

Decided On May 21, 2020
Mohd. Abdulla Appellant
V/S
JANKI Respondents

JUDGEMENT

(1.) This petition is under Article 227 of the Constitution of India. Pleadings are complete. Parties are ready to argue the matter finally and, accordingly, it is finally heard.

(2.) This petition is against the order dated 22.01.2019 (Annexure-P/9) passed by the Third Additional District Judge, Shahdol, in a miscellaneous civil appeal filed under Order 43 Rule 1(r) of the Code of Civil Procedure whereby the appellate Court has granted temporary injunction in favour of the plaintiff/respondent No.3 herein.

(3.) In a suit preferred by the plaintiff/respondent No.3 herein for grant of decree of permanent injunction, an application under Order 39 Rule 1 and 2 of the Code of Civil Procedure for grant of temporary injunction was filed, but that was rejected, then an appeal was preferred under Order 43 Rule 1(r) of the Code of Civil Procedure, which has been decided by the order impugned and hence, this petition.