VED PRAKASH MUKHARIYA Vs. BALMUKUND SHARMA

JUDGEMENT

(1.) With the consent of parties, the matter is finally heard.

(2.) Shri Bansal submits that a bare perusal of impugned order dated 20.5.2011 shows that it is an ad interim order directing maintaining status quo between the parties, which is necessarily an order passed under Order XXXIX Rr.1 and 2 of the Code of Civil Procedure. By passing the said order an interim injunction was granted and reply was directed to be filed on the application under Order XXXIX Rr.1 and 2, C.P.C. Thus, the respondent submits that it is, in fact, an order passed under Order XXXIX Rr.1 and 2, C.P.C. On the contrary, learned counsel for the petitioner Shri Jitendra Sharma submits that it is an application under Section 151 CPC, on which the stay order was passed and such an order is not appealable.

(3.) Per Contra, Shri D.D.Bansal submits that it is appealable under Order XLIII Rule 1 (r) of the Code of Civil Procedure, which reads as under:-