IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CR No.383 of 2009(O&M) Date of decision: 20.2.2009 Vivek Grover ......Petitioner Versus Nand Kishore and another ......Respondents CORAM:- HON'BLE MR. JUSTICE RAKESH KUMAR GARG * * * Present: Mr. Anil Chawla, Advocate for the petitioner. Mr. V.K. Sandhir, Advocate for the caveator-respondents * * * Rakesh Kumar Garg, J. CM No.4199-CII of 2009 CM is allowed subject to all just exceptions. Annexure P-6 is taken on record. CR No.383 of 2009 This is plaintiff's revision petition challenging the order dated 22.10.2008 passed by the Lower Appellate Court whereby appeal filed by the defendant against the grant of ad interim injunction has been accepted and the order dated 31.3.2008 passed by the trial Court has been set aside and the matter has been remanded to the trial Court with a direction to decide the question of jurisdiction first and then to decide the application under Order 39 Rules 1 and 2 CPC, afresh. I have heard learned counsel for the petitioner. Undisputedly, the question of jurisdiction of the Civil Court has been raised by the defendant and the trial Court instead of deciding the question of jurisdiction first, has granted the ad interim injunction to the plaintiff vide order dated 31.3.2008. It is also not disputed that in fact the case is fixed before the trial Court on 25.2.2009 for deciding the question of jurisdiction. In my view, no interference is called in the impugned order CR No.383 of 2009(O&M) -2- passed by the Lower Appellate Court as the trial Court is already seized of the matter and the issue of jurisdiction is fixed for 25.2.2009 and in case that issue is decided in favour of the petitioner, the trial Court is under legal obligation to decide the application under Order 39 Rules 1 and 2 CPC expeditiously. Dismissed. February 20, 2009 (RAKESH KUMAR GARG) ps JUDGE