BADRI Vs. SHRI KISHAN

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) Though, the approach of the learned trial Court to dismiss the application filed by the plaintiff petitioners u/O. 39 Rr. 1 and 2 CPC under the impugned order may not be correct. But for two reasons this revision petition deserves to be dismissed. Firstly, under the impugned order, the application of the plaintiff petitioner u/O. 39 Rr. 1 and 2 CPC has been dismissed, which is appealable and the reference may have to clause (r) of Rule 1 of Order 43 CPC. The revision petition is maintainable only in case where the order challenged therein is not appealable. Here, the impugned order is appealable, thus this revision petition is not maintainable. Secondly, on merits also the plaintiff petitioners have no case. They made an attempt to get the temporary injunction in their favour by approaching to the revenue Court, but their prayer was not granted upto the Boar of Revenue. The civil suit has been filed for obtaining temporary injunction The Court cannot permit the litigants to avail parallel remedies, one after an her leaving apart the fact whether the civil suit is maintainable or not.

(3.) Accordingly, this revision petition fails and the same is dismissed.