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Gautam Kumar vs Tripathy Prasad Gupta

Jharkhand High Court · Decided on 2 July 2013 · Citation: (2013) 07 JH CK 0054

HON’BLE JUDGES
P.P. Bhatt, J
ACTS & SECTIONS REFERRED
Civil Procedure Code, 1908 (CPC) — Order 39 Rule 1, Order 39 Rule 2, Order 43 Rule 1(r), 151 · Constitution of India, 1950 — Article 227
RESULT
Disposed Off
CASE NUMBER
WP (C) No. 3420 of 2013
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Judgment

4 paragraphs · 205 words

P.P. Bhatt, J.—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.

In view of the above position, the present writ petition is not maintainable and the same stands disposed of with a liberty to the petitioner to file appropriate Misc. Appeal as provided under Order 43 Rule 1(r) of the C.P.C.

4.

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.