The case of the plaintiff/petitioner is that the petitioner instituted Original Suit No. 513 of 2016 praying for a decree of permanent prohibitory injunction in favour of the plaintiff/petitioner and against the defendant/respondent restraining them ejecting the plaintiff for the shop in question illegally and forcibly without due process of law. An application under Order 39 Rule 1 and 2 of CPC was also filed by the plaintiff petitioner for interim injunction paper no. 7C and the same has been rejected by the trial court i.e. Civil Judge (Junior Division) Fast Track Court, Court No. 2, Aligarh, vide its judgment and order dated 10.08.2022. Against the judgment and order dated 10.08.2022 passed by trial court Misc. Civil Appeal No. 60 of 2022 was filed by the plaintiff-petitioner and the same has been allowed by lower appellate court i.e. Additional District Judge, Court No. 17, Aligarh, vide judgment and order dated 13.01.2023. Order dated 10.08.2022 passed by the trial court was set aside but the lower appellate court remanded the matter before the trial court of afresh decision of application paper No. 7C after providing opportunity of hearing to the parties.
