Court No. - 1
Case :- FIRST APPEAL FROM ORDER No. - 737 of 2021 Appellant :- Bhagwan Singh And 3 Others Respondent :- Subhash Higher Secondary School And 9 Others Counsel for Appellant :- Rajesh Rai
Hon'ble J.J. Munir,J.
This appeal under Order XLIII Rule 1(r) C.P.C. is directed against an appellate order rejecting an application for temporary injunction pending appeal. The order impugned being one passed during course of the appeal, a further appeal to this Court under Order XLIII Rule 1(r) C.P.C. is not maintainable in view of the decision of this Court in Jupiter Chit Fund Pvt. Ltd. vs. Dwarka Dhiesh Dayal and others AIR 1979 Allahabad 218.
This appeal is, accordingly, dismissed as not maintainable.
Let the certified copies of the impugned order and the formal order be returned to the learned counsel for the appellant after retaining a xerox copy of the same duly attested by him.
It will be open to the appellant to seek such other remedies as may be advised.
Order Date :- 24.8.2021 Deepak