Hon’ble Anil Kumar Sharma, J.—The defendant of O.S. No. 170 of 2012 Anuj Kumar Singh v. Ram Ji Singh, pending in the Court of Civil Judge (SD), Ballia has approached this Court by way of instant appeal for setting aside ex parte ad interim injunction order passed by the learned trial Court on 28.2.2012.

The Stamp Reporter of the Court has noted that the instant first appeal from order is not maintainable.

2. We have heard the learned counsel for the appellant at length and perused the impugned order and other papers filed alongwith memo of appeal as well as the law cited at the Bar.

3. The plaintiff-respondent has filed suit (O. S. No. 170/12) in the Court of Civil Judge (Sr.Div.), Ballia for permanent injunction restraining the defendant from carrying on business of brick-klin in the year 2012 without paying his share in profits amounting to Rs. 10.5 lakhs for the year-2011, from selling 2.5 lakhs baked bricks and 4.0 lakhs raw bricks; from using 15 tons coal lying at the brick klin and interfering in plaintiff’s egress and ingress in the brick-klin bounded at the foot of the plaint. The plaintiff relied upon an unregistered partnership-deed dated 15.1.2011 executed betwee