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1997 DIGILAW 89 (RAJ)

Jagdlsh Chander S/o Kajodimal Joshi v. Shri Krishangopal S/o Nathulaiji Kakda

1997-01-16

V.S.KOKJE

body1997
JUDGMENT 1. - Heard on application under section 14 r/w 5 of the Limitation Act. 2. Against the impugned order the petitioner filed first Misc. appeal before the District Court. After that was held to be not maintainable he has now filed this revision petition. In these circumstances, after hearing both the parties I allow the application under section 14 r/w 5 of the Limitation Act. Let the revision petition be registered. 3. With the consent of the parties, it was finally heard. It appears that the difficulty has been created because of not couching the order in proper words by the trial Court. It is common ground that at present a temporary injunction has been given in favour of the non-petitioner, in respect of which the impugned order was passed by the trial Court. 4. As the order does not clarify the position, it is hereby clarified that the impugned order cannot be treated as a fresh injunction or a fresh order giving something which was not. given to the non-petitioner by the temporary injunction. Under this impugned order the non-petitioner shall be able to take police assistance only for the purpose of enforcement of temporary injunction and not for something which has not been granted by the temporary injunction. The learned counsel for the petitioner submits that against the temporary injunction a revision petition is pending in this Court. It is need less to add that this order will be subject to the order passed in that revision petition deciding the matter of temporary injunction. With these observations and directions, this revision is disposed of.Revision Disposed of. *******