Rajendra Rai @ Rajendra Singh v. The State Of Bihar And ANR

Patna High Court CWJC No.5190 of 2016 (2) dt.20-07-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5190 of 2016 ====================================================== Rajendra Rai @ Rajendra Singh .... .... Petitioner/s

Versus

The State of Bihar & Anr .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Krishna Bihari For the Respondent/s : Mr. Gp19- Rajesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 20-07-2016 Perused the impugned order dated 28.11.2015 passed by Addl. District Judge Ist, Ara in Title Appeal No.88 of 2014 whereby the learned Court below has allowed the injunction application filed by the respondent restraining the petitioner from making construction and modification or alteration in the land in question.

This order disposing of the injunction application is appealable under Order 43 Rule 1 Clause (r) CPC. Therefore, the petitioner has the remedy under the Code of Civil Procedure. Therefore, in my opinion, this writ application is not maintainable. Thus, it is dismissed as not maintainable.

However, the petitioner may, if so advised, file Appeal against the impugned order.

Sanjeev/- (Mungeshwar Sahoo, J) U