HIS HOLINESS SYEDNA MUFADDAL SAIFUDDIN Vs. ABID HUSSAIN

JUDGEMENT

(1.) Heard learned counsel for the appellant.

(2.) During pendency of a civil suit for declaration, possession and injunction, the learned trial Court granted ad-interim injunction under Order 39 Rule 1 and 2 C.P.C. in favour of the plaintiff-appellant. The said order was set aside by this Court on an appeal. Thereafter, the plaintiff moved an application under Order 39 Rule 4 C.P.C. before the trial Judge for discharge/vary or setting aside the order of injunction on the grounds stated in the petition. The prayer was refused by the impugned order.

(3.) The point for consideration herein is 'whether application under Order 39 Rule 4 would be maintainable before the trial Judge to undo the effect of the order of the Appellate Court?.'