IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.1171 of 2008 MD. NASIM RAYEEN Versus DINA NATH SETH & ORS ----------- 2 11.9.2008 Heard Counsel for the petitioner. In the opinion of this Court, the impugned order setting aside an order of status-quo passed by the Trial Court, does not suffer from any jurisdictional error. In fact, the Lower Appellate Court has rightly set aside the order of injunction which, to say the least, was perfunctory wherein the Court below had recorded that it was not required to go into the question of prima facie case and yet had proceeded by passing an order of statusquo, in effect an order of injunction in favour of the plaintiff petitioner. Such perverse order of the trial court rightly interfered by the Lower Appellate Court cannot be restored by this Court under Section 115 of the Code of Civil Procedure. The apprehension expressed by Mr. Farooque Moazzam, learned counsel for the petitioner that the findings recorded in the Lower Appellate Court order while reversing the order of status-quo passed by the Trial Court would prejudice the plaintiff petitioner in the ultimate disposal of the suit, is absolutely misconceived. It is well settled that any interim order as with regard to 2 injunction or any incidental matter of the suit whether by the Trial Court or by the Lower Appellate Court, can never be the basis for deciding the suit itself. That being so, this civil revision application, being wholly misconceived, is hereby dismissed with the aforementioned observations. Rsh (Mihir Kumar Jha, J.)