Neutral Citation No. - 2025:AHC:68788 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 6055 of 2023 Petitioner :- Parvati Devi And Another Respondent :- Taraknath Dubey And Another Counsel for Petitioner :- Anand Kumar Counsel for Respondent :- Vineet Kumar Singh Hon'ble Rohit Ranjan Agarwal,J. 1. Heard Sri Anand Kumar, learned counsel for plaintiff petitioners and Sri Vineet Kumar Singh, learned counsel for defendant respondents. 2. This writ petition is directed against the order of District Judge, Mirzapur admitting the Misc. Civil Appeal No. 49 of 2022 filed against the order dated 12.12.2022 granting ad interim injunction to the plaintiff petitioners on 6C application moved for grant of temporary injunction. 3. Learned counsel for petitioners submits that a miscellaneous appeal under Order XLIII Rule 1 (r) CPC is not maintainable against the order granting ad interim injunction. He further contends that order dated 23.12.2022 passed in misc. appeal is liable to be quashed and trial court may be directed to decide the temporary injunction application. 4. Learned counsel for defendant respondents could not dispute the legal position. 5. Having heard learned counsel for parties and on perusal of record, this Court is of the view that a misc. appeal under Order XLIII Rule 1 (r) CPC is maintainable against the order passed on an application filed under Order XXXIX Rule 1 and 2 CPC. As the order dated 12.12.2022 was passed ex parte on application 6C granting ad interim injunction and issuing notice to the defendant, the said order does not come within the purview of Order XLIII Rule 1 (r) CPC and misc. appeal was not maintainable and District Judge, Mirzapur has exceeded his jurisdiction while issuing notice and passing the order of status quo. 6. In view of the said fact, the order dated 23.12.2022 passed by District Judge, Mirzapur in Civil Misc. Appeal No. 49 of 2022 is hereby set aside and misc. appeal filed by defendant is hereby dismissed. 7. Writ petition succeeds and allowed, accordingly. The trial court is directed to proceed with the application 6C filed in Original Suit No. 26 of 2022 for grant of temporary injunction and decide the same, in accordance with law, after hearing all affected parties, within a period of two months from the date of receipt of certified copy of this order. 8. Registrar (Compliance) is directed to sent a certified copy of this order to the District Judge, Mirzapur, which shall be kept in records of Civil Misc. Appeal No. 49 of 2022. Order Date :- 1.5.2025 Shekhar Digitally signed by :- SHASHI SHEKHAR PANDEY High Court of Judicature at Allahabad