An appeal against an ad interim injunction does not lie under Order XLIII Rule 1(r) of the CPC; such issues must be addressed through appropriate proceedings under Article 227 of the Constitution.

1. Heard Sri Pradeep Kumar learned senior Advocate for the petitioners and Sri Sharad Sharma, learned counsel for the respondents No.2 and 3.

2. It is contended by learned counsel for the petitioners that in the suit filed for permanent injunction, an application for grant of temporary injunction was moved in which the Court below, after recording reasons, as provided in proviso to Rule 3 of Order XXXIX C.P.C. had issued notice to the defendants and till the next date of listing had passed the order of status quo. Aggrieved by the order granting ad interim injunction, a misc. appeal has been preferred by the contesting defendant-respondent.

3. Learned counsel for the petitioners submits that against the order granting ad interim injunction, no misc. appeal lies under Order XLIII Rule 1(r) C.P.C. and the only remedy was to either file stay vacation application or to have approach this Court under Article 227 of the Constitution of India. Reliance has been placed upon judgment of coordinate Bench of this Court in case of Gurmej Singh and others vs. Ranjit Kaur and others 2020 (12) ADJ 561 .

4. Learned counsel for the defendant-respondents very fairly concedes the fact that as the application under Order 39 Rule 1 and 2 C.P.C. is still pending consideration before the trial Court and it has not been decided, no misc. appeal would lie under Order XLIII, Rule 1(r) C.P.C.

5. In view of the said fact, the order dated 10.01.2025 passed by District Judge, Rampur, admitting misc. appeal No.1 of 2025, is hereby set aside. Misc. appeal No.1 of 2025 also stands dismissed forthwith as no misc. appeal lies against an ad interim injunction granted by the trial Court as it is not covered under Order XLIII, Rule 1(r) C.P.C. The writ petition stands allowed.

6. As the application for grant of temporary injunction is still pending consideration before the trial Court and has not been decided, the District Judge, Rampur is hereby requested to return the file which has been summoned from the trial Court and the trial Court to proceed with the matter and make every effort to decide the temporary injunction application, which is pending consideration, after hearing both the affected parties within next two months from the date of production of a certified copy of this order.

7. In case any application is moved by the plaintiff-petitioner seeking protection of ad interim injunction, the same shall also be considered by the trial Court within 48 hours and the necessary orders shall be passed thereafter.