Ashwani Kumar Mishra, J. - (1.) It appears that against the refusal by the trial court to grant temporary injunction, plaintiff-petitioner has filed Misc. Appeal, which is pending consideration. During the pedency of the appeal, an interim protection was granted by this Court and direction has been issued to conclude the proceedings of appeal.
(2.) Application appears to have been filed by the petitioner for appointing a survey commission, in order to ascertain the allegations of the petitioner that the defendants, in teeth of the injunction, have raised certain constructions. The appellate court rejected this application by observing that the proceedings pending before it are under Order-43 Rule-1 CPC, for determining the question as to whether any interim injunction is to be granted to the plaintiff-petitioner or not,and no proceedings under Order-39 Rule 2A CPC are under consideration. The appellate court, therefore, in such circumstances, has rejected the application .
(3.) Learned counsel for the petitioner submits that the trial court had also observedthat the situation on the spot was required to be verified and, therefore, survey commission be appointed.;