RAGHUBANS KANWAR Vs. SHRI NIRANJAN LALL AND ANOTHER

JUDGEMENT

(1.) This application under Article 227 of the Constitution of India is directed against an order passed by the learned Appeal Court on 29.10.2010 in Misc. Appeal No.01 of 2010, whereby the temporary injunction which was passed by the learned Trial Judge on 30.12.2009 vide order No.18 in O.S No.3 of 2009 was set aside and the temporary injunction petition was remanded back to the learned Trial Judge for fresh consideration after giving an opportunity of hearing to both the parties on all points including the point of acceptability of the Commissioner's report.

(2.) The said order of the Appeal court is under challenge in this revisional application at the instance of the plaintiff/petitioner.

(3.) Let me now consider as to how far the learned Appeal Court was justified in passing the impugned order in the facts of the present case.