DEVBRAT SINGH Vs. VAN MANDALADHIKARI SATNA

JUDGEMENT

(1.) This petition filed under Article 227 of the Constitution takes exception to the order dtd. 22/7/2023 (Annexure P-25) whereby the Misc. Civil Appeal filed by the petitioners/plaintiffs against rejection of their application under Order 39 Rule 1 and 2 CPC by order dtd. 24/6/2023 is dismissed by the Court below.

(2.) The petitioners /plaintiffs filed the suit for permanent injunction which was registered as Civil Suit No. 29A/2023. Along with the said application, plaintiffs filed an application under Order 39 Rule 1 and 2 CPC seeking injunction. The other side entered appearance upon receiving notices and filed reply. The Court by order dtd. 24/6/2023 (Annexure P-24) rejected the said application.

(3.) Aggrieved, the plaintiffs filed Misc. Civil Appeal under Order 43 Rule 1 and 2 C.P.C. which was registered as MCA No. 64/2023. The department entered appearance and after hearing both the parties, by the impugned order dtd. 22/7/2023 the appellate Court dismissed the MCA and affirmed the order dtd. 24/6/2023.