IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.2200 of 2009 1. BAM BAM JHA, SON OF LATE ANANT LAL JHA. 2. GODAVARI DEVI, WIFE OF LATE ANANT LAL JHA. BOTH RESIDENTS OF VILLAGE GERABARI, POLICE STATION KORHA, DISTRICT-KATIHAR. ………………………………………………...…..PETITIONERS. Versus SUBODH KUAMR JHA, SON OF LATE ANANT LAL JHA, RESIDENT OF VILLAGE GERABARI, POLICE STATION- KIRHA, DISTRICT-KATIHAR…………OPPOSITE PARTY. ----------- For the Petitioners : Mr. Ajay Kumar, Advocate. ------------ 2. 11.1.2010. This revision is directed against the order dated 3rd of November, 2009, passed by the District Judge, Katihar, in Misc. Appeal No.7 of 2009, whereby he had allowed the appeal filed against the refusal of grant of ad interim junction under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure by the trial court concerned and remanded back the matter to the trial court for fresh consideration. The Office has pointed out that in view of the decision of the Apex Court in Surya Dev Rai Vs. Ram Chander and others , reported in (2003)6 SCC 675, the revision does not appear to be maintainable. Learned counsel for the petitioners submitted that since the issue of grant of ad interim injunction had been finally decided 2 in the appeal preferred, the revision would be maintainable. However, in the aforesaid decision, the Supreme Court in clear terms has held that Section 115 of the Code of Civil Procedure as amended by Act does not permit a revision filed against an order disposing of the appeal against the order of trial court whether affirming , reversing or modifying the order of injunction granted by the trial court. This Court has also considered and decided issue concerned in Uma Shankar Vs. Dr. Hamid Hussain (Civil Revision No.1377 of 2006) and on placing reliance upon the decision of the Apex Court in Surya Dev Rai (Supra), has held that the revision preferred against the order/judgment passed in an appeal challenging the order of grant or refusal of ad interim injunction would not be maintainable. In this case also, there is no reason to depart from cursus curiae in the matter and, thus, it is held that this Civil Revision is not maintainable. Accordingly, this Civil Revision is dismissed. However, the petitioners would be at liberty to seek any other remedy, available to them, under law. P.S. (Dr. Ravi Ranjan, J)