ANIL MALEWAR Vs. SARLA BOTHRA

JUDGEMENT

(1.) Since pleadings are complete and learned counsel for the parties are ready to argue the matter finally, therefore, it is heard finally.

(2.) The petitioners have filed this petition under Article 227 of the Constitution of India challenging validity of the order dtd. 6/4/2024 (Annexure P/1) passed by the appellate Court in an appeal preferred before it challenging the order passed by the trial Court. The trial Court on an application submitted by the plaintiffs under Order 39 Rule 4 of Code of Civil Procedure in a civil suit no.282/2016 granted injunction but appeal was allowed granting injunction, setting aside the order dtd. 23/6/2016 passed by the trial Court. The plaintiffs/petitioners thus filed this petition challenging the order passed by the appellate Court on the ground that the appellate Court has not considered the factual and legal position in an appropriate manner while allowing the appeal and, therefore, it is claimed that the order passed by the appellate Court which is impugned in this petition be set aside and the order passed by the trial Court be restored.

(3.) The facts leading to the present petition in nutshell are as under:-