AHMED HUSSAIN Vs. KANTI LAL

JUDGEMENT

(1.) The instant revision petition has been filed against the judgment and order dtd 11/1/2001 passed by the learned Additional District Judge No. 2, Bhilwara in Civil Misc. Appeal No. 17/2000, by which he dismissed the appeal against the order of Civil Judge (J.D.)-cum-Judicial Magistrate, Ist Class (East) Bhilwara passed in Civil Misc. Case No. 80/2000-Kantilal & Anr. v. Ahmed Hussain & Anr. on an application under Order 39 Rules 1 and 2 of the Code of Civil Procedure.

(2.) HEARD Mr. K.R. Jangid, learned counsel for the petitioner-revisionist and Mr. D.S. Shishodia, learned counsel for the non-petitioner.

(3.) After filing the said application under Order 21 Rule 97 CPC; the respondents No. 1 and 2 filed another application under Order 39 Rules 1 and 2 CPC being Civil Misc. Case No. 80/2000 praying therein by way of temporary injunction that the plaintiff's petitioner may be restrained from executing the decree till their objections under Order 21 Rule 97 CPC are decided. This application for temporary injunction was allowed by the ]earned Civil Judge (J.D.)-cum-Judicial Magistrate, 1st Class (East), Bhilwara by order dated 17.2.2000 and an appeal against the order was dismissed by the learned Additional District Judge No. 2, Bhilwara by order dated 11.1.2001. Against the orders dated 17.7.2000 and 11.1.2001, the instant revision petition has been filed.