HAJARI RAM Vs. PREMA RAM

JUDGEMENT

(1.) This is a revision petition under S. 115, C.P.C. against the Order of the learned Civil Judge, Jalore dated 24/02/1993 by which the appeal of the plaintiff respondent No. 1 Prema Ram has been allowed, order dated 25/01/1992 of the learned Munsif, Jalore dismissing his applica-tion moved under O. XXXIX, Rr. 1 and 2, C.P.C. has been set aside and the defendant-petitioner Hajari Ram has been restrained from transferring the suit plot in any manner and has been directed to maintain status quo in respect thereof.

(2.) It has been contended by the learned counsel for the defendant-petitioner that the learned Civil Judge, Jalore has acted illegally and with material irregularity in the exercise of his jurisdiction in setting aside the order of the learned trial Court. He further contended that admittedly, lease-deed has been granted by the Rajasthan State Industrial Develop-ment and Investment Corporation (RIICO), Jalore (defendant-respondent No.2) in res-pect of the suit plot in favour of the defen-dant-petitioner and the plaintiff Prema Ram's son Sawa Ram had earlier filed a similar suit and his injunction application was duly dismissed and these matters were not properly considered by the learned Civil Judge. He lastly contended that the defendant-petitioner would suffer irreparable injury by the impugned order by which he has been directed to maintain status quo as he would not be able to carry out his business.

(3.) It is well settled law that in such inter locutory matters, the appellate Court should not lightly interfere with the orders of the trial Court. But the jurisdiction of this Court under S. 115, C.P.C. is very limited. It has been observed in Managing Director (MIG) Hindustan Aeronautics Ltd. v. Ajit Prasad, AIR 1973 SC 76 para 5, as follows :-