(1.) Sole question involved in this case is, whether in a suit under Section 6(3) of the Specific Relief Act, 1963 (hereinafter referred, to as the Act), when appeal is not provided from any decree or order passed in any suit instituted under it, whether appeal against the order of the trial Court, on an application under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure will be maintainable under Order XLIII of the Code.
(2.) Before referring to the facts of this case, order passed by Court on 5.10.2004 when this petition came up for consideration which in my view is relevant for deciding it needs to be noted:
(3.) Plaintiff alleges that Defendant No. 1 on 15.4.2004 came to the spot and tried to dispossess the Plaintiff from this lawn/garden and in this process, he damaged the plants as well as retaining wall of the house. But, the Plaintiff successfully retained his possession over this lawn/garden.