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Judgment
Leave granted.
We have heard learned Counsel for the parties. In the instant case, in a suit filed by the Appellant the Trial Court on 21.1.2000 granted an injunction restraining the Respondents herein from interfering with the possession of the Appellants. It appears that pursuant thereto the Respondent took recourse of two proceedings. It moved an application before the Trial Court for eviction of the ex-parte injunction and also filed an appeal before the District Judge, Lucknow. By the order dated 30th May, 2000, the District Judge dismissed the appeal. It took note of the fact that the contentions raised by the Respondent were pending before the Trial Court and instead of pursuing the matter, Respondents had rushed up to the Court to file the appeal. In view of the fact that the matter was still pending before the Trial Court the Court chose not to interfere with the order of the Trial Court granting injunction.
The High Court admitted the writ petition of the Respondents against the said order of the lower Appellate Court and directed the Appellant to desist from making any interference with the possession and use of the enjoyment of the property in question by the Respondents herein.
In our opinion, High Court was not justified in exercising its jurisdiction under Articles 226 and 227 of the Constitution when it was not clear as to who was in possession of the property in question. The Trial Court proceeded on the basis that the possession was with the Appellant herein whereas the impugned order of the High Court seems to indicate to the contrary. In any case the Trial Court had only passed an ex-parte ad-interim order and it is open to the Respondents herein to approach the Trial Court by filing an application under Order 39(2) or by an application for revocation of the injunction granted by it. The High Court ought not to have interfered.
For the aforesaid reasons, the appeal is allowed, impugned order of the High Court is set aside, the order of the Trial Court is maintained and liberty is given to the Respondents to move an appropriate application before the Trial Court who shall decide the matter in accordance with law.