ORDER

20.04.2005 — Heard further argument on the maintainability of the Letters Patent Appeal as the preliminary issue and the same is decided in the following manner.

2. Before dealing with that point of law, we may indicate that the present appeal under Clause 10 of the Letters Patent has been filed challenging to the judgment delivered by learned Single Judge of this Court in F.A.O. No.270 of 2003. That was an appeal under Order 43, Rule 1(r) of the Code of Civil Procedure, 1908 (in short ‘C.P.C’) against the order granting temporary injunction to the plaintiffs-respondents under Order 39, Rules 1 and 2, C.P.C., vide Interim Application No.12 of 2003 arising in Civil Suit No.38 of 2003 of the Court of Civil Judge (Sr. Divi¬sion), Rairangpur. Learned Single Judge in the impugned judgment has confirmed to that order of injunction and in the result dismissed the appeal. As against that judgment, this Letters Patent Appeal has been filed.

3. At the outset, Mr. Indrajit Mohanty, learned counsel appearing for the Plaintiffs-Respondents raised objection to the maintainability of the appeal and yesterday, prayed to the Court to decide that as the preliminary issue. Mr. R. K. Mohanty, le