ANIL KUMAR,J. - (1.) Heard Shri Rakesh Kumar Maurya, learned counsel for the petitioner, Shri Syed Mohammad Abuzar Zaid, learned counsel for the respondent and perused the record.
(2.) Facts in brief of the present case are that plaintiff/petitioner filed a suit for permanent injunction registered as Civil Suit No.778 of 2011 "Jageshwar Prasad v. Jahangeer" against the opposite party no.2 in the Court of Civil Judge, (Junior Division), Dalmau, Raebareli. In the said matter, an application for grant of temporary injunction under Order 39, Rule 1 and 2 read with Section 151 C.P.C, rejected by order dated 03.12.2011 passed by trial Court, challenged by the plaintiff/petitioner by filing an appeal bearing Appeal No.68/2011, allowed by order dated 20.11.2012 and order dated 03.12.2011 has been set aside.
(3.) Thereafter, against the order dated 20.11.2012, opposite party no.2 filed an application under Order 41, Rule 21 read with Section 151 C.P.C., allowed by order dated 22.04.2013 passed by appellate court and directed to trial court to consider and decide the application for grant of temporary injunction on merit in accordance with law.;