Honble SHARMA, J. – Short question which arises for consideration in this revision is as to whether interference by the High Court under Section 115 CPC is justified, where there is a concurrent finding of fact of the courts below disposing the interim injunction application that the plaintiff failed to make out a prima facie case?

(2) This question has emerged in the following circumstances –

(i) The plaintiff petitioner alongwith others co-plaintiffs instituted a suit for permanent injunction against the defendants non-petitioners No.1 to 3 in the trial court with regard to a `Baghichi Kho Walan said to have been constructed at the `Ghat Gate Shamshan with a view to provide facility to the person who attend

funerals. For the purposes of restraining the defendants from making encroachment over the said `Bagichi, an application seeking interim relief was filed by the plaintiffs which was rejected by the trial court but the appellate court restrained the defendants from making construction, over the said Bagichi. The defendant Manak Chand filed revision against the said order and this court in S.B. Civil Revi-

sion No. 449 of 1991 directed the parties to maintain status quo vide order d

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