RAMESH KUMAR MERATHIA, J. - (1.) This writ petition under Article 227 of the Constitution of India, has been filed for quashing the order dated 11.4.2007 passed by the District Judge, Deoghar in Civil Miscellaneous Appeal No. 15 of 200b allowing the appeal filed by the respondent and restraining the petitioners from making any construction over the suit property, while allowing the injunction petition of the respondent.
(2.) MR . Prashant Pallav, learned Counsel appearing for the petitioners, submitted that the said appeal filed by the respondent was not maintainable. He relied on Nagina Singh v. Most. Sheojoti Kuer and Ors. : AIR1993Pat12 , M. Radheshyamal v. Shailesh AIR 2005 Madras 93 and Manohar v. Jaipalsing : AIR2008SC429 . He further submitted that on merits also, the prayer for injunction of the respondent could not be allowed. On the other hand, Mr. V. Shivnath, learned senior counsel appealing for the respondent, supported the impugned order and submitted that actually the said appeal was filed against the order refusing to grant injunction in favour of the respondents. He relied on a Full Bench decision of Andhra Pradesh High Court in B.F. Pushpaleela Devi v. State of A.P. and Ors. AIR 2002 Andhra Pradesh 420 (F.B.)
(3.) THE questions are whether the said appeal was maintainable; and whether the said judgment passed in appeal calls for interference by this Court in this writ petition or not.;