Judgment · High Court

Mr.Ved Prakash Sharma with Ms. Amrit Kaur Oberoi, Advs. for the petitioner. Mr.Ajay Verma, Adv. for the respondent, who has appeared on advance notice. + CM No. 14616/2010, 14597/2010 & 1460112010 (Exemption) * Exemption allowed subject to just exceptions. Applications stand disposed of. CM (M) No. 1046/2010 & CM No. 14615/2010 (stay) CM (M) No. 1044/2010 & CM No. 14596/2010 (stay) & CM (M) No.1045/2010 & CM No. 14600/2010 (stay) Heard. By way of present petition filed under Article 227 of the Constitution of India, there is challenge to the impugned order dated 28th July, 2010 passed by Civil Judge, Delhi. Vide impugned order, respondent's application under Section 151 Code of Civil Procedure (for short as 'Code'), for vacation of stay was allowed and the stay granted in favour of petitioner was vacated. Present petition under Article 227 of the Constitution of India does not lie since there is an equally efficacious remedy available to the petitioner under Order 43 of the Code. Order 4 3 of the Code provides for an appeal against an order passed under Rule 4 of Order 39 of the Code. Order 39 Rule 4 of the Code, specifically provide for discharge, variation or setting aside of an order for injunction. The mere fact that application of respondent has been filed under Section 151 of the Code would not mean that the impugned order was not passed under Order 39 Rule 4 of the Code. Signature Not Verified Digitally Signed By:AMULYA Certify that the digital file and physical file have been compared and the digital data is as per the physical file and no page is missing. --------------·"--"-- .. - There is specific provision for vacation of the injunction order as per the Code and mentioning of wrong provision of the Section will not change the prayer made in the application. The present petition under Article 227 of the Constitution under these circumstances is not maintainable since the petitioner has an equally efficacious remedy available to hik. Under these circumstances, the present petition is disposed of being not maintainable under Article 227 of the Constitution of India. However, liberty is granted to the petitioner to seek appropriate relief in accordance with law. At this stage, it is pointed out by learned counsel for petitioner that the trial court has already stayed the impugned order for two weeks w.e.f.

3.8.2008. Under these circumstances, it is clarified that the stay of the impugned order shall continue for a further period of one week from today or till the filing of appeal, whichever is earlier. The pending application also stands disposed of. Dasti under the signatures of Court Master. AUGUST 16,2010 -I V.B. GUPTA, J.