JUDGMENT

Rahul Bharti, J. - Heard learned Counsel for the parties.

2. Physicist Martin Fischer's quote 'Conclusion is the place where you got tired of thinking' nearly explains the thinking effort on the part of the Principal District Judge, Kupwara's decision in holding the appeal of the petitioners against a temporary injunction order of the civil court as not maintainable on a premise that section 104 read with Order 43 of the Code of Civil Procedure, 1908 does not bear mention of an order passed under section 94 (c) and (e) of the Code of Civil Procedure, 1908 as being appealable. In rushing to reach said conclusion to knockdown the appeal, the Principal District Judge, Kupwara made text surfing of section 94, section 104 and Order 39 & 43 of the Code of Civil Procedure, 1908.

3. Thus, the adjudication of the present petition, invoking the supervisory jurisdiction of this Court under article 227 of the Constitution of India, perforce invites this court to delve into the understanding of the Code of Civil Procedure 1908 in the context of its sections and the first schedule to come to hold that the Court of Principal District Judge Kupwara erred very seriously in choking the very re