1. Heard. Rule. Heard forthwith by consent of parties.

2. This petition challenges the judgment and order dated 17th January 2014 passed in Misc. Civil Appeal No. 99 of 2013 by the District Judge-7, Nagpur, thereby allowing the application filed for grant of temporary injunction vide exhibit 5 by respondent no. 1 by upsetting the order dated 2nd April 2013 passed by the Additional Judge, Small Causes Court, Nagpur rejecting this very application filed in a civil suit brought against the petitioners by respondent no. 1, being Regular Civil Suit No. 455 of 2012.

3. The facts, insofar as they are relevant for deciding the question involved in this petition, which is about an authority of the District Judge in Misc. Civil Appeal filed against an order refusing temporary injunction to the plaintiff, basically in the nature of an appeal against the discretion exercised by the trial Court, to undertake a fresh exercise of considering the prima facie merits of the matter as if it is a Court of first instance, are stated in brief as under :-

(1) Respondent no. 1 claimed that he is occupying a shop block admeasuring about 1750 square feet, ground floor of the house bearing House No. 1