Arun Bhansali, J. - (1.) This writ petition under Article 226 and 227 of the Constitution of India is directed against order dated 21.02.2005 passed by the trial court, whereby, the application filed by the petitioner under Section 151 CPC has been dismissed.
(2.) The facts in brief may be noticed thus : the plaintiff filed a suit for permanent injunction and along with the suit an application under Order 39, Rule 1 and 2 CPC was filed; the trial court by its order dated 13.04.2000 rejected the application filed by the plaintiff under Order 39, Rule 1 and 2 CPC.
(3.) Feeling aggrieved, the plaintiff filed an appeal under Order 43, Rule 1 (r) CPC; the appeal was allowed and the prayers made in the application under Order 39, Rule 1 and 2 CPC made by the plaintiff were granted by the first appellate court.;