Honble LAHOTI, J.–Leave granted.

(2). The appellant filed a suit, for issuance of permanent preventive injunction based on his title and possession over the suit property which is a piece of agricultural land, in the court of Civil Judge. He also sought for relief by way of ad interim injunction u/O.XXXIX, Rule 1 & 2 of the CPC. The prayer was rejected by the Trial Court as also by the Appellant court. Feeling aggrieved thereby the appellant filed a petition (C.M.W.P.No. 20038 of 2002) in the High Court labeling it as one U/Art. 226 of the Constitution. The High Court has summarily dismissed the petition forming an opinion that the petition was not maintainable as the appellant was seeking interim injunction against private respondents. Reference is made in the impugned order to a Full Bench decision of Allahabad High Court in Ganga Saran vs. Civil Judge, Hapur, Ghaziabad & Ors. (1). Earlier the remedy of final civil revision u/s. 115 of the C.P.C. could have been availed of by the appellant herein but that remedy is not available to the appellant because of the amendment made in Sec. 115 of the C.P.C. by Amendment Act 46 of 1999 w.e.f. 1.7.2002.

(3). This appeal raise a question of

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