IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR ORDER S.B.CIVIL WRIT PETITION NO.14268/2008. State of Rajasthan and Others. VERSUS Rekha Sharma and Others. 10.04.2009. HON'BLE MR.JUSTICE DALIP SINGH Mr.S.D.Khaspuria, Additional Government Counsel. ***** In this writ petition, the petitioner has challenged the order dated 29.04.2008 by which the application filed under Order 39 Rule 1 and 2 C.P.C. for the grant of temporary injunction by the plaintiff-respondent was allowed. Since an appeal under Order 43 Rule 1(r) C.P.C. is provided under the statute against the order passed under Order 39 Rule 1 and 2 C.P.C., this writ petition is not maintainable. Consequently, the writ petition is dismissed being not maintainable. Liberty is granted to the petitioners of filing a misc. appeal under Order 43 Rule 1(r) C.P.C., if so advised. The Registry is directed to return the documents filed along with this writ petition to the learned counsel for the petitioner after retaining a photostat copy of the same on record. The petitioners will be entitled to pray for the condonation of delay in filing the appeal in accordance with law. Subject to the aforesaid, the writ petition as well as the stay application stand disposed of. (DALIP SINGH),J. Solanki DS, Jr.P.A.