RIYAZ I. CHAGLA, J.

1. This is a reference emanating from an order passed by the learned Single Judge of this Court on 6th February 2018 (for short “the reference order”). By administrative order dated 14th February 2018 passed by the Hon'ble the Acting Chief Justice, the issue/question framed by the learned Single Judge in the reference order has been referred to a Division Bench headed by one of us (A.S. Oka, J.).

2. The question framed by the learned Single Judge of this Court reads thus:

“Whether the order of interim injunction passed in Regular Civil Appeal filed under Order 41 of the CPC is appealable under Order 43 Rule (1) sub-Rule (r) of the CPC?”

3. The learned Single Judge had answered this question in the negative and had held the Appeal from Order to be not maintainable. The learned Single Judge had expressly held in paragraph 20 thus:

“With due respect and humility, I am not in agreement with the view taken by earlier three Judges in the cases of Krishna Pandurang Wankhede (supra), Shri Shivaji Shankarrao Patil (supra) and Subhash Sheti Pawar (supra) holding that the order of interim injunction passed in appeal filed under Order 41 of the CPC is appealable under