IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL A.O.No. 411 of 2009 Kewal Krishna Sarin , S/o Sri B.L. Sarin, R/o 47-A, Naharpur, Sector-7, Rohini New Delhi and another. ……Appellants. Versus Aliyas, S/o Sri Fatedeen and others. ………Respondents. Mr. Pawan Mishra, learned counsel for the appellants. Date:- 17-12-2009 Hon’ble B.S. Verma J. Heard Mr. Pawan Mishra, learned counsel for the appellants. By the impugned order the learned Civil Judge (Junior Division), Vikasnagar, District Dehradun has issued only notice to opposite party for disposal of the injunction application. This order has been issued under Rule 3 of Order 39 of C.P.C. This is not the order passed under Rule 1 and 2 of Order 39 of C.P.C. Therefore no appeal is maintainable under Order 43 Rule 1 (r) of C.P.C. However, the appellants would be at liberty to avail appropriate remedy before appropriate forum. The certified copy of the order impugned passed by the Civil Judge (Junior Division), Vikasnagar, District- Dehradun be returned to the appellants. With the above observation, the appeal is dismissed. The certified copy of this order be supplied to the learned counsel for the appellants today on payment of usual charges. (B.S. Verma, J.) 17-12-2009 MK 2