NISAR AHMAD Vs. ASRARUL HAQ

JUDGEMENT

(1.) THE petitioner seeks to challenge the order dated August 1, 1998 of the learned Civil Judge (Senior Division) Sikar whereby the appeal preferred by the defendant non-petitioner under Order 43 Rule 1 CPC was allowed and the order of the learned Additional Munsiff and Judicial Magistrate No. 2 Sikar dated November 17. 1993 granting temporary injunction in favour of the plaintiff petitioner was set-aside.

(2.) BRIEF resume of the facts is that the petitioner is muslim Kaji by caste and is authorised to perform the function of a Kaji (Nikah Khani ). A suit for permanent injunction was instituted by the plaintiff petitioner against the defendant non-petitioner seeking injunction against him restraining the defendant non-petitioner from ceremonising the Nikah Khani and infringing the customary rights of the plaintiff petitioner. An application under Order 39 Rules 1 and 2 CPC was also filed. The learned Addl. Munsiff and Judicial Magistrate No. 2 Sikar allowed the application vide order dated November 17, 1993 restraining the non-petitioner from ceremonising the Nikhan Khani till the decision of the suit. The defendant non-petitio-ner preferred appeal under Order 43 Rule 1 CPC assailing the said order of the learned Addl. Munsiff and Judicial Magistrate No. 2 Sikar. The learned Civil Judge (Senior Division) Sikar vide order dated August 1, 1998 allowed the appeal and set-aside the order of the learned Munsif and rejected the application of the plaintiff petitioner filed under Order 39 Rules 1 and CPC.

(3.) AT this stage, I do not want to express any opinion on the merits of the case, but I am of the view that if the impugned order is allowed to stand it would not occasion failure of justice and the petitioner shall not suffer any irreparable in-jury on account of it.