BHUPENDER KUMAR Vs. RAJ KUMAR

JUDGEMENT

(1.) By way of this petition, filed under Article 227 of the Constitution of India, the petitioner has assailed order dtd. 5/11/2022 (Annexure P"8), passed by the Court of learned District Judge, Bilaspur, District Bilaspur, H.P., in Civil Miscellaneous Appeal No.14/14 of 2022, titled as Raj Kumar and others vs. Bhupender Kumar, in terms whereof, the learned Appellate Court allowed the appeal filed by the respondents herein under Order 43, Rule 1(r) of the Code of Civil Procedure, which was filed by the respondents feeling aggrieved by the order passed by the learned Trial Court in an application filed under Order 39, Rule 1 and 2 of the Code of Civil Procedure by the petitioner herein.

(2.) Brief facts necessary for the adjudication of the present petition are that the petitioner/ plaintiff (hereinafter to be referred as 'plaintiff') has filed a suit for permanent prohibitory injunction as well as mandatory injunction against the respondents/defendants, which is pending adjudication before the learned Trial Court. Alongwith the suit, an application under Order 39, Rule 1 and 2 of the Code of Civil Procedure was preferred by the plaintiff, which was allowed by the learned Trial Court in terms of order dtd. 29/6/2022. The appeal filed against the same by the respondents herein was allowed by the learned Appellate Court on 5/11/2022, which has resulted in filing of this petition.

(3.) Having heard Mr. Bhupender Gupta, learned Senior Counsel for the petitioner and Mr. Bhupender Ahuja, learned counsel for the respondents, this Court is of the considered view that the order passed by the learned Appellate Court is not sustainable in the eyes of law, for the reason that while deciding the appeal, learned Appellate Court has ventured far beyond the scope of Order 43, Rule 1 of the Code of Civil Procedure.