HARI SIDDHI CONSTRUCTION COMPANY Vs. RAGHUNANDAN

JUDGEMENT

(1.) AT the outset, we posed a question to the learned Counsel tor the appellant with regard to the maintainability of the appeal, against the order dated 25-7-2007, passed by learned Single Judge in W. P. No. 4361/2007 filed by respondent No. 1 herein under Article 227 of the Constitution of India, in view of Section 2 (1) of the Madhya Pradesh Uchcha Nyayalaya (Khand Nyaya Peeth ko Appeal) Adhiniyam, 2005 (hereinafter referred to as 'adhiniyam, 2005' ).

(2.) BRIEF facts, bereft of unnecessary details are mentioned herein below:-Respondent No. 1 herein admittedly filed writ petition under article 227 of the Constitution of India, challenging the order dated 8-3-2007 passed by the learned VIth Additional District Judge, bhopal, in Misc. Civil Appeal No. 45/2007, whereby the appeal was allowed and the order passed by the learned IVth Civil Judge class-I, Bhopal in Civil Suit No. 380-A/06, granting temporary injunction in favour of the plaintiff was set aside. The respondents of the said writ petition were noticed. Present appellant was arrayed as respondent No. 14 in the said writ petition.

(3.) AFTER having heard the learned Counsel for the parties at length and after perusal of record, learned Single Judge allowed the writ petition, whereby the order passed by the Appellate Court was set aside and the order passed by the Trial Court granting temporary injunction in favour of the petitioner/ plaintiff was restored. Relevant Paras 14 and 15 of the said order are reproduced hereinbelow:-