IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No. 141 of 2007 Sita Ram Gupta, son of late Sheo Prasad Sharma, resident of village Station Road, Rajasthan Hotel Hajipur, P.S.Town Hajipur, District Vaishali………….Defendant-Applicant-Petitioner. Versus Madan Lal son of Kanhai Mahto, resident of village Station Road Rajasthan Hotel Hajipur, P.S. Town Hajipur, District Vaishali……Plaintiff-Opposite Party-Opposite Party. For the petitioner : M/s Naresh Chandra Verma and Arun Kumar Lal, Advocates. For the Opposite Party : M/s S.C. P.Sinha, Ratan Kumar Sinha and Madhukar Pandey, Advocates. ----------- 04/ 02.07.2009 Heard learned counsel for the petitioner and learned counsel for the opposite party. This petition has been filed on behalf of the defendant- applicant-petitioner challenging order dated 12.12.2006 by which the learned District Judge, Vaishali at Hajipur dismissed Misc. Appeal No.02 of 2006, which was filed by the petitioner against order dated 07.01.2006 passed by the learned Subordinate judge-I, Vaishali at Hajipur in Misc. Case No.04 of 2005. The said Misc. Case No.04 of 2005 was filed by the defendant-petitioner for setting aside the ex-parte decree passed in Eviction Suit No.04 of 2003, which was filed by the opposite party for eviction of the petitioner on the ground of personal necessity of the plaintiff and default in payment of rent by the defendant. It transpires that in the said miscellaneous case a petition was filed by the petitioner for restraining opposite party from interfering with the construction/repairing work of the house by the 2 petitioner, who was in possession. The said injunction petition was rejected by the trial court against which miscellaneous appeal was filed but the learned appellate court also rejected the miscellaneous appeal by its impugned order. The law is well settled in this regard that after amendment of 1999 no revision shall lie against order in any miscellaneous appeal affirming, reversing or modifying order of injunction passed by the trial court. Reference in this regard may be made to a decision of the Hon’ble Apex Court in case of Surya Dev Rai v. Ram Chander Rai and others, reported in 2003 (6) SCC 675. In the aforesaid facts and circumstances, this civil revision is dismissed. harish/ ( S.N.Hussain, J)