BOARD OF MUSLIM WAKF RAJAS THAN Vs. MOHAMMAD AYUB

JUDGEMENT

(1.) THIS is a revision application by the defendants against an order of the District Judge, Jodhpur, refusing to review his appellate order dismissing their appeal against an order granting injunction under order 39 rules 1 and 2 C. P. C. The application has been contested on behalf of the plaintiff.

(2.) THE plaintiff filed a suit for permanent injunction against the defendants on 29th April 1963. At his instance a temporary injunction was granted against them under order 39 rules 1 and 2 by the trial court against which the defendants preferred an appeal. This appeal was heard by the learned District Judge who decided it by his order dated 8. 1. 65. He maintained the order of temporary injunction but modified the terms which had been imposed by the trial court in favour of the defendants. THE defendants filed a revision application before this Court against the appellate order of the District Judge. It was dismissed summarily on 29. 1. 65 by the following order: - Mr. Har Nath Kalla learned counsel for the petitioners heard. No interference can be made in revision. Rejected summarily. THEreafter the defendants filed a review application before the learned District Judge on 2. 2. 65 praying for the review of his order dated 8. 1. 65. This review application was dismissed on the ground that the order of the District Judge dated 8. 1. 65 having merged in the order of the High Court dated 29. 1. 65 dismissing the revision application which had been preferred against that order, the District Judge was no longer competent to review that order.