Aqama Builders And Developers Ltd. Lucknow Thru. Director/Managing Director Mohd. Muslim – Appellant
Versus
Civil Judge,Senior Division,Malihabad, Lucknow – Respondent
JUDGMENT :
1. Heard Sri Prashant Chandra, learned Senior Counsel assisted by Sri Nirmit Srivastava, and Ms. Radhika Singh, learned counsel for the petitioner and Sri Amrendra Nath Tripathi, learned counsel for the respondent no.2 alongwith Sri Anand Pratap Singh, Advocate.
2. This petition has been filed under Article 227 of the Constitution of India with the prayer to set aside the order dated 12.04.2022 passed on an application under Order 39 Rule 1 & 2 of the C.P.C. in Regular Suit No. 297 of 2022 and to direct the trial court to maintain the order dated 17.02.2022 by which an ex parte ad-interim injunction for maintenance of Status quo was passed by the trial court. An additional prayer has been made that the private respondents be directed not to make any transactions in respect of any part of the building known as Paradise Farm, situated at IIM Road, Lucknow without leave of the Court.
3. Sri Amrendra Nath Tripathi has raised a preliminary objection regarding the maintainability of this petition under Article 227 of the Constitution of India by referring to Order 43 Rule 1(r) of the C.P.C., wherein it has been provided that an appeal shall lie under Section 104 against an Order
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