( 1 ) THE appellant was the plaintiff in O. S. No. 244 of 1968 on the file of the Court of the Munsiff, Buntwal (South Kanara ). That was a suit for permanent injunction restraining the defendants from interfering with the plaintiff's peaceful possession and enjoyment of the suit schedule properties. During the pendency of the suit, the trial Court granted a temporary injunction. The suit was decreed in part. The plaintiff preferred r. A. No. 74 of 1973 in the Court of the Civil Judge at Mangalore. In the said appeal the plaintiff-appellant made an application for an order of temporary injunction restraining the defendants from interfering with the possession and enjoyment of the plaintiff of the properties in respect of which the suit had been dismissed. The learned Civil Judge rejected that application on the ground that this Court in 1971 (1) Mys. L. J. Notes of Recent Cases, Item No. 165, has held that where the trial Court dismisses the suit, the appellate Court is not entitled to make an order of temporary injunction. The learned Civil Judge has read the decision as laying down that under no circumstances an order of temporary injunction can be made by the appellate Court whe

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