DEVENDRA KUMAR UPADHYAYA,J - (1.) HEARD the learned counsel for the parties and perused the record.
(2.) THE writ petition challenges an order dated 25.03.2004 passed by the learned Addl. District Judge , Court No.1, Sultanpur allowing the Misc.Civil Appeal No. 62 of 2003 preferred by the respondent no.1 Smt.Sirtaji Kunwari, whereby the order dated 14.07.2003 passed by the learned trial court on the application moved by the plaintiff (petitioner in the instant writ petition) under Order XXXIX Rule 1 of the Code of Civil Procedure directing therein to maintain status quo and restraining the respondent no.1 from alienating the suit property , was set aside. A perusal of the order dated 14.07.2003 passed by the learned trial court on the application moved by the plaintiff reveals that the learned trial court after considering the three ingredients governing grant/refusal of an interim injunction namely; prima facie case, balance of convenience and prospects of irreparable loss passed a detailed and reasoned order with a view to protect the suit property restraining the respondent no.1 from alienating and transferring the property and further for maintaining status quo.
(3.) THE respondent no.1 feeling aggrieved by the order of interim injunction granted by the learned trial court on 14.07.2003 preferred a Misc.Civil Appeal no. 62 of 2003 which has been allowed by the learned Addl. District Judge,Court No.1, Sultanpur vide judgment and order dated 25.03.2004 which has been assailed by the petitioner.;