GAUTAM KUMAR Vs. TRIPATHY PRASAD GUPTA

JUDGEMENT

(1.) THE petitioner, by way of filing the present writ petition under Article 227 of the Constitution of India, has prayed for quashing and setting aside the order dated 21.5.13 passed by Sub -Judge -XII, Ranchi in Title Suit No. 292/07, whereby, the prayer for injunction under Order 39 Rules 1 and 2 and Section 151 of CPC made by the petitioner, has been refused and rejected. Heard the learned counsel of the parties and perused the impugned order.

(2.) FROM perusal of the impugned order, it appears that the court below has rejected the application filed under Order 39 Rules 1 and 2 of the Code of Civil procedure. In view of the provision as contained in Order 43 Rule 1(r) C.P.C., the petitioner is required to file Misc. Appeal before the competent court having jurisdiction.

(3.) SO far as remaining prayer is concerned, the petitioner is required to file appropriate proceeding. With the aforesaid direction and observation, this writ petition stands disposed of.