CHANDAN LAL Vs. NETWORK HEAD

JUDGEMENT

(1.) By way of this petition filed under Article 227 of the Constitution of India, the petitioner has assailed order dtd. 28/7/2023, passed by learned Civil Judge, Thunag, District Mandi, in C.M.A. No. 144 of 2023, filed in Civil Suit No. 87/2023, in terms whereof ad interim relief granted in favour of the petitioner was vacated by learned Court below.

(2.) This Court is of the considered view that the present petition filed under Article 227 of the Constitution of India against the impugned order is not maintainable in light of the fact that the petitioner has a statutory remedy of appeal against the impugned order.

(3.) Accordingly, as prayed for, this petition is permitted to be withdrawn with the direction that in the event of the petitioner filing an appeal against the impugned order before the learned Appellate Court within a period of three weeks from today, then the same be treated as having been filed within limitation and be decided on merit. The petition stands disposed of in above terms, so also pending miscellaneous application(s), if any.