KAMAL KUMAR Vs. BHERU BUX & ORS.

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) In this writ petition filed under Articles 226 and 227 of the Constitution of India, the petitioner has prayed for quashing the order dated 29.01.2011 (Annexure-6) passed by Additional Civil Judge (Jr. Div.), First Class No. 2, Bikaner as well as the order dated 07.02.2011 (Annexure-7) passed by Additional District Judge No. 2, Bikaner, whereby the appellate court while rejecting the appeal of the plaintiff-petitioner upheld the order of the trial Court. The trial court rejected the application filed under Order 39 Rules 1 & 2 read with Section 151 CPC while holding that no final relief can be granted at the stage of deciding application for temporary injunction.

(3.) After perusing both the orders impugned, I am of the opinion that the finding of the trial court and the appellate court to the effect that no final relief can be granted while deciding the application, is in accordance with basic principle of law. Hence, no case is made out for interference under Article 227 of the Constitution of India.