MAJID NABI KHAN Vs. EXECUTIVE OFFICER, MUNICIPAL COMMITTEE

JUDGEMENT

(1.) In this petition, preferred under article 227 of the Constitution of India, an issue broaches as to the limitation of and latitude for an appellate court in an appeal under Order 43 rule 1(r) of the Code of Civil Procedure 1908, (CPC in short), against an order of grant/refusal of a temporary injunction relief by a civil court. To put it more bluntly, issue is whether an appellate court can, in purported exercise of its jurisdiction under Order 43 rule 1(r) CPC, sidestep main cause of a civil suit and the appealable order passed therein, and self-generate a new situation to deal with.

(2.) As the facts of the present case present such a scenario, so this Court has taken a call to examine the case in exercise of its jurisdictional authority and responsibility under article 227 of the Constitution of India while being fully aware of the eternal enunciation coded in the article 227 of the Constitution of India which is meant to keep the subordinate courts/tribunal within the bounds of their jurisdiction and authority, and consequently to nip the reported extra-judicial transgression on the part of a court/tribunal before it repeats into a tendency.

(3.) With the aforeset preface, the facts attending the case are set out for undertaking supervisory scrutiny.