- (1.) S. P. Srivastava, J. The miscellaneous first appeal is directed against an interlocutory order granting an ad interim injunction requiring the defendant University not to direct the plaintiffs to admit any student in their educational institutions and further restraining them from fixing any fee for the payment seat or free seat. The defendant University was further restrained from interfering in an illegal manner in the matter relating to imparting of education by the plaintiffs in their non-aided self-financing institutions. While granting the aforesaid injunction the trial Court made it clear that so far as the fee part was concerned, the interim order was to remain subject to the orders passed by the High Court in the pending writ petition.
(2.) WHILE granting the aforesaid interim order, the trial Court had permitted the defendant to file objections and had posted the application seeking the ad interim injunction for final disposal. The defendant University instead of waiting for the final order as contemplated under Order XXXIX, Rule 4 of the CPC had come up in appeal against the aforesaid order of interim injunction. Heard the learned Counsel for the appellant as well as the learned Counsel representing the contesting respondent.
(3.) PERUSED the record. The facts in brief shorn of details and necessary for the disposal of this appeal lie in a narrow compass.;