( 1 ) IN a suit for injunction on the basis of an application for temporary Injunction by an order dated 12. 4. 1990 passed in Original Suit No, 192 of 1990 by the learned Munslf, Kasganj district etah, ad interim injunction was granted against the defendant while directing issue of notice. An appeal was preferred against the said order being Misc. Appeal No. 41 of 1990. Thereafter by order dated 23. 5. 1990 passed by the learned Munsif the order dated 12. 4. 1990 was extended. By an order dated 22. 10. 1990 passed by IIIrd Additional District Judge, Etah, the appeal was allowed and the order passed by the learned Munsif granting ad interim order was set aside while directing the record to be sent back for disposing of the case in accordance with law.

( 2 ) SRI Sharad Sharma, learned counsel, holding brief of Sri H. N. Sharma, learned counsel for the petitioner contends that since the appellate court had decided the application for injunction, at the ad interim stage, it was no more open to agitate the application any more before the learned trial court. At the same time the appellate court while allowing the appeal had relied on the affidavit filed on behalf of defe