S.K.KESHOTE, J. - (1.) Heard the learned counsel for the parties.
(2.) This revision petition is directed against the order of the Additional District Judge No. 8, Jaipur City, Jaipur in Civil Misc. Appeal No.14/96 decided on 19.9.1997. This appeal has been filed by the plaintiff-non-petitioner No. 1 against the order dated 8.4.1993 of the learned Additional Munsiff (West) Jaipur City, Jaipur in Civil Misc. Application No. 2/89 filed for grant of temporary injunction. The suit, out of which this revision petition arises, is of the year 1989. The learned first appellate Court in the appeal allowed the application filed by the plaintiff-non-petitioner No. 1 under Order 41, Rule 27 of the CPC and set aside the order of the learned trial Court and the matter has been remitted back to decide the application filed by him u/O. 39 Rr. 1 and 2 of the CPC afresh.
(3.) Though, prima facie, this approach of the learned first appellate Court is difficult to appreciate, but looking to the fact that the suit, out of which this matter arose before him, is of the year 1989 and further the matter was in relation to the application for temporary injunction, instead of remanding the matter back to the trial Court, the learned first appellate Court should have itself decided the appeal.;