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ALLAHABAD HIGH COURT
Umeshwar Pandey, J.
Syed Zafar Ali and Another v. Saeed Ahmad and Others
| Table of Content |
|---|
| 1. overview of the initial proceedings and appeal context. (Para 2 , 3) |
| 2. arguments regarding appealability of injunction refusal. (Para 4 , 5) |
| 3. court's rationale related to injunction laws and previous rulings. (Para 6 , 8 , 9 , 10 , 11) |
| 4. final ruling and dismissal of the petition. (Para 12 , 13) |
1. Heard learned counsel for the parties.
2. The petitioner plaintiffs have challenged the order of the District Judge dated 12.04.2006 whereby their appeal preferred under Order XLIII Rule 1 (r) C.P.C. has been dismissed as not maintainable.
3. The plaintiffs filed a suit before the trial court being original suit No. 165 of 2006 in which they also moved an application under Order XXXIX Rules 1 and 2 C.P.C. praying for grant of temporary injunction. The trial court vide its order (Annexure No.7) dated 01-04-2006 instead of passing an order granting exparte injunction, directed issuance of notice to the respondents-defendants fixing a date inviting objections/counter affidavit from them and also fixed a date for disposal of the said temporary injunction application. Against this order of the trial court the petitioners preferred an appeal before the District Judge conce
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