(Per : HONOURABLE MR.JUSTICE P.B.MAJMUDAR)
1. With the consent of Mr. S.P. Hasurkar learned advocate for the appellant and Mr. H.C. Buch learned advocate for the respondent no.1, the present Letters Patent Appeal is taken up for hearing.
2. It is not in dispute that the present Letters Patent Appeal is filed against the order passed by the learned Single Judge, which is against the order of Civil Court in civil suit. Mr. Hasurkar learned advocate for the appellant frankly concede that the Letters Patent Appeal against the order of Civil Court, is not maintainable.
3. The original proceedings arise out of the injunction application given in the civil suit. The Trial Court and appellate Court refused to grant injunction, against which,m the petition under Article 227 of the Constitution was filed, which was dismissed by the learned Single Judge by the reasoned order. In view of the said facts, the present Letters Paten Appeal filed against the order passed by the learned Single Judge, is not maintainable. Even on merits, we find no substance in this appeal. It is found by the learned Single Judge that the suit is filed by the petitioner-original plaintiff is nothing but a collusive suit. In the said suit, interim injunction application was rejected by the trial Court and even by the appellate Court under Order 43 of CPC. The learned Single Judge has dismissed the writ petition under Article 227 of the Constitution of India, the said interlocutary order is otherwise also not required to be interfered with by us in this Letters Patent Appeal. The appeal is accordingly dismissed.
[P.B.
MAJMUDAR, J.] [PARESH UPADHYAY, J.] mandora/ Top