ORDER

1. This petition under Article 227 of the Constitution of India has been filed against the order dated of 7.3.2023 passed by 19th District Judge Jabalpur in M.C.A.No.141/2022 and order dated 12.5.2022 passed by 4th Civil Judge, Senior Division, Jabalpur in R.C.S.No.779-A/2018.

2. On 19.6.2023 following order was passed :- “It is submitted by the counsel for the petitioner that the wife of the plaintiff/respondent no.1 had entered into a partnership deed with the petitioner. The wife of the respondent no.1 was to provide property and the petitioner was required to spend money for making the hospital operational by installing machines etc. Later on, the wife of the respondent no.1 unilaterally dissolved the partnership and after exchange of certain letters, an amended agreement was executed and it was agreed that till the amount spent by the petitioner is recovered, he shall continue to have partnership in the hospital. After some time, the wife of the respondent no.1 expired. Accordingly, the respondent no.1 filed a Civil Suit No.RCSA No.118-A/2014. The petitioner also filed a counter claim. Both the parties filed applications under Order 39 Rule 1 and 2 CPC. The application filed by the respondent no.1 under Order 39 Rule 1 and 2 CPC was rejected and the application filed by the petitioner was allowed and by order dated 05.08.2015 passed in Civil Suit No.118-A/2014, the Ninth Civil Judge, Class-II, Jabalpur directed that till the final conclusion of the case the respondent shall not interfere with the disputed partnership either by himself or through his agent. Later on, the suit was withdrawn by the respondent no.1, however, the counter claim continued. It is submitted that with the passage of time, an application for restoration of suit was filed, which has been allowed and Civil Suit No.118-A/2014 is pending with counter claim. Later on, the respondent has filed the present suit for permanent injunction. An application under Order 39 Rule 1 and 2 CPC was filed, which was allowed by the trial court by order dated 12.05.2022. Being aggrieved by the said order the petitioner filed a Misc.Civil Appeal under Order 43 Rule 1 CPC, which too has been dismissed by order dated 07.03.2023 passed by Nineenth District Judge, Jabalpur in Misc.Civil Appeal No.141/2022. It is submitted by the counsel for the petitioner that by passing the temporary injunction order, the Courts below have virtually nullified the temporary injunction order dated 05.08.2015 passed by Ninth Civil Judge, Class-II, Jabalpur Civil Suit No.118-A/2015. It is specifically submitted by the counsel for the petitioner that the order dated 05.08.20215 is still in subsistence and was never challenged before the appellate authority. Issue notice to the respondents on payment of process fee by registered AD mode; payable within 7 working days. The notices are made returnable within a period of 3 weeks from today. List this case on 17.07.2023 at the top of the list”.

3. The undisputed facts are that earlier the respondent No.1 had filed a suit, which was registered as R.C.S.No.118-A/2014. In the said suit a counter claim was filed by the petitioner on 5.1.2015. The petitioner as well as respondent No.1 filed an application for grant of temporary injunction. The application filed by the petitioner was allowed by order dated 5.8.2015 and the respondent No.1, who was plaintiff in R.C.S.No.118-<br/>

A/2014, was restrained from interfering with the disputed partnership firm to run the hospital as well as creating any third party right and interest in the disputed firm Shubham Hospital and Research Centre.

After the said temporary injunction order was passed, it appears that respondent No.1 withdrew the civil suit. However, the counter claim continued. Later on, even the counter claim was dismissed for want of prosecution and an application under Order IX Rule 9 CPC was also rejected. The ap