Judgment · High Court

In view of the order passed today in Misc. Case Nos. 3340/2010, 3341/2010 and 33 42/2010 the Registry is directed to amend the cause title. Heard Ms Yadav, learned counsel for the petitioners as well as Mr. Dubey, learne d counsel appearing for the respondent Nos. 1, 2 and 7. None appears for the oth er respondents. This revision petition is directed against the order dated 22.12.2006 passed by the learned Civil Judge, (Sr. Division), Lakhimpur at North Lakhimpur in Misc. C ase No. 5/2006 whereby and whereunder the learned court below has rejected the a pplication filed by the present petitioners under Order 47 Rule 1 CPC seeking re view of the order dated 5.1.2006 passed in Misc. Case No. 9/2004, which Misc. ca se was registered on the basis of the application filed under Order 39 Rule 2(a) CPC. Admittedly, the suit of the plaintiffs in the meantime has been dismissed agains t which the plaintiffs have preferred appeal before the first appellate court wh ich is stated to be pending. In view of the above, I am of the view that the order dated 22.12.2006 passed by the learned court below needs no interference in exercise of the jurisdiction u nder Article 227 of the Constitution of India. The revision petition stands dismissed. It would, however, be open to the petitioners to seek order of injunction in the first appellate court, if so advised.