IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of decision: 07.02.2025 Ishwar Dayal ...Petitioner(s)

Vs.

Excise and Taxation Department, Faridabad and another ...Respondent(s)

CORAM: HON’BLE MS. JUSTICE NIDHI GUPTA Present:- Mr. Baljeet Beniwal, Advocate for the petitioner.

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NIDHI GUPTA, J.

The petitioner/plaintiff has filed the present civil revision under Article 227 of the Constitution of India for setting aside the Impugned order dated 05.12.2024 (Annexure P-5) passed by the ld. Additional District Judge Faridabad, District Faridabad, whereby the Civil Misc. Appeal against order dated 25.10.2024 passed by the ld. Civil Judge (Junior Division), Faridabad whereby application under Order 39 Rules 1 and 2 read with Section 151 CPC, filed by the petitioner was dismissed in Civil Suit No. 2054 of 2024 dated 20.07.2024 titled as 'Ishwar Dayal vs. Excise and Taxation Department etc.'

2. Learned counsel for the petitioner submits that the learned Courts below were in a patent error in not granting the ad interim injunction to the petitioner under Order 39 Rules 1 and 2 read with Section 151 CPC as the petitioner had prima facie established on record that the liquor vend of the