Petitioners filed a writ under Article 227 to set aside an impugned order rejecting their injunction application. The Court held the writ is not maintainable as the order is appealable under Order 43 Rule 1 (r) CPC, and dismissed the writ.
Writ application dismissed as not maintainable.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Patna High Court CWJC No.22713 of 2013 (2) dt.09-10-2017
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.22713 of 2013
======================================================
Mishree Mahto & Ors
.... .... Petitioner/s
Versus Pramod Kumar & Anr
.... .... Respondent/s
====================================================== Appearance : For the Petitioner/s : Mr. Devendra Prasad Singh For the Respondent/s :
====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER
2 09-10-2017 Heard learned counsel Mr. Devendra Prasad Singh for the petitioners.
This writ application under Article 227 of the Constitution of India has been filed for setting aside the order dated 02.09.2013 passed by the learned Subordinate Judge-II, Lakhisarai in Title Suit No.26 of 2011 whereby the learned Subordinate Judge has rejected the injunction application filed by the petitioners under Order 39 Rule 1 and 2 read with Section 151 of the Code of Civil Procedure.
The impugned order is appealable under Order 43 Rule 1 (r) of the Code of Civil Procedure. The petitioners instead of moving appropriate appellate authority have filed this writ application under the Constitution of India. Therefore, in my opinion, this writ application is not maintainable.
Accordingly, it is dismissed.
Harish/-
(Mungeshwar Sahoo, J)
U
2 issues framed by the court
Whether a writ application under Article 226/227 is maintainable when an appeal lies under Order 43 Rule 1 (r) CPC.
Whether the High Court should set aside the rejection of an injunction application filed under Order 39 Rule 1 and 2 CPC.
3 provisions across 2 enactments
Mishree Mahto & Ors
Pramod Kumar & Anr
Mungeshwar Sahoo
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
