JUDGMENT :

1. Heard Mr. C. Modi, learned counsel for the petitioners and Mr. P. Taffo, learned counsel for the respondents.

2. This revision is filed under Section 115 of the CPC challenging the legality and validity of the minutes of the meeting dated 05.07.2021 of All Nyishi Youth Association (referring herein in short, “ANYA”) whereby the tenure of the Executive Members of the ANYA has been extended till 2023 and further praying for setting aside the impugned order dated 11.02.2022 and the subsequent order dated 06.04.2022, passed by the learned Civil Judge (Junior Division), Yupia, Arunachal Pradesh, whereby the present petitioners have been restrained from using the emblem, seal, note pad of ANYA and further restraining them from solely referring to themselves as ANYA without suffix or prefix till disposal of the main suit.

3. The brief facts of the case is that the present respondents as plaintiffs have filed a Title Suit bearing No.02 of 2022 before the learned Civil Judge (Junior Division), Yupia for a decree for declaring the election result dated 28.12.2021, issued by the defendant No. 2, Shri Tarth Atung, as illegal. Further declaring that the defendants No. 5 to 29/ opposite parties, who were allegedly declared as elected executive members of ANYA was initially appointed illegally to the post is also illegal.

4. Pursuant to that an interlocutory application being Misc. Case No. 05/2022 was filed praying for ex-parte ad-interim injunction against the defendants/opposite parties seeking to restrain them from either using the emblem of ANYA or in alternative prayer was made for suspending/ staying the election result dated 28.12.2021.

5. The learned Civil Judge (Junior Division), Yupia after hearing the plaintiffs (respondents herein this case), passed an ad-interim order dated 12.01.2022 restraining the defendants No. 1 to 25 from using emblem, seal, note pad of ANYA established in 1976 and they were also restrained from solely referring to themselves as ANYA without any suffix till further order by the court.

6. Subsequently, the said order dated 12.01.2022 was made absolute vide order dated 11.02.2022 after hearing both the parties, whereby the defendants/present petitioners were continued to be restrained from using the emblem, seal, note pad of ANYA and also they were continued to restrain themselves from solely referring to themselves as ANYA without any suffix or prefix till disposal of the main suit.

7. Being aggrieved by the order dated 11.02.2022, the present petitioners filed an appeal being No. 01/2022, before the learned District Judge, Yupia, Arunachal Pradesh under Order 43 of the Code of Civil Procedure, 1908 (in short, hereinafter referred to as ‘CPC’) with a prayer for quashing and setting aside of the injunction order dated 11.02.2022. After hearing both sides, the learned District Judge, Yupia not finding any illegality either in the facts or in law in the impugned order dismissed the appeal on being devoid of merit vide order dated 21.03.2022.

8. The learned counsel for the respondents submitted that the present revision petition is not at all maintainable as the power of the High Court under Section 115 of the CPC can only be invoked in cases in which no appeal lies and the case was decided by any Court subordinate to the High Court and such Court appeared to have exercised a jurisdiction not vested in it by law or to have failed to exercise a jurisdiction vested in it by law or to have acted in exercise of its jurisdiction illegally or with material irregularity whereas the petitioners have already filed an appeal before the District Court assailing the impugned order dated 11.02.2022 and the District Court had dismissed the same being devoid of merit vide order dated 21.03.2022.

9. It is also the submission of the learned counsel for the respondents that if the petitioners were aggrieved by the impugned order dated 11.02.2022, passed by the learned trial Court, they ought to have preferred a se