High Court of Judicature at Allahabad
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Anil Kumar And Others v. Risal And Others - WRIT - C No. 26941 of 2006  RD-AH 9770 (18 May 2006)
Hon'ble Umeshwar Pandey, J.
Heard learned counsel for the petitioners.
On petitioners' application for temporary injunction, the trial court has directed issuance of notice to the defendants and no exparte injunction order was passed. Against this order the petitioners went in appeal before the appellate court, which though, admitting the appeal did not prefer to pass any exparte injunction order.
The order of the trial court issuing notice to the defendants on temporary injunction matter is not an appealable order. The judgment recently pronounced by me on 25.4.2006 in Writ Petition No. 22446 of 2006 is relevant in this context. The appeal before the appellate court against such order is wholly misconceived. This petition does not appear to have any force and the order issuing notice passed by the trial court is also perfectly sound.
The petition having no force is hereby dismissed.
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