Court No. - 7
Case :- MATTERS UNDER ARTICLE 227 No. - 3229 of 2021 Petitioner :- Umesh Chandra And Another Respondent :- Ram Nivas And Another Counsel for Petitioner :- Ashwani Kumar Mishra
Hon'ble Ajit Kumar,J.
Heard learned counsel for the petitioners and perused the record.
By means of this petition under Article 227 of the Constitution, the petitioner has challenged the order dated 2nd December, 2020 passed by Civil Judge (Senior Division), Mainpuri in Civil Suit No.- 560 of 2020 granting temporary injunction in the nature of status quo to be maintained between the parties and further restrained them from changing the possession and nature of the plot in question.
This Court is of the view that against the order of temporary injunction there lies remedy under Order 43 Rule 1(r) of the Code of Civil Procedure, 1908 and the petitioner may seek that remedy.
In view of the above, this Court declines to interfere with the order of temporary injunction in this petition.
However, liberty is granted to the petitioners to approach the court below by means of misc. appeal and in the event such misc. appeal is filed within a period of three weeks from today, the same shall be considered and decided in accordance with law.
With the aforesaid observations/ directions, this petition stands disposed of.
Order Date :- 13.8.2021 Atmesh