C.R. No. 6913 of 2009 1 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH C.R. No. 6913 of 2009 Date of decision: 26-11-2009 M/s Dwarka Project Pvt. Ltd. Versus Rohtash and Others CORAM:- HON'BLE MR. JUSTICE HEMANT GUPTA Present: Shri J.S.Yadav, Advocate, for the petitioner HEMANT GUPTA, J. The petitioner is aggrieved against the order of the First Appellate Court dated 26.8.2009 whereby an order of the Trial Court on application under Order 39 Rules 1 and 2 of the Code of Civil Procedure was set aside and the matter was remanded to the Trial Court for fresh decision in accordance with law. After remand the learned Trial Court has passed an order on 23.10.2009 restraining the petitioner from raising any construction over the suit property. After remand, the learned Trial Court has decided the application under Order 39 Rules 1 and 2 of the Code of Civil Procedure. Therefore, the present revision petition challenging the order passed by the First Appellate Court remanding the application to the Trial Court is misconceived. The order passed by the learned Trial Court is an appealable order. Therefore, the remedy of the petitioner is by way of appeal and challenge to the order passed by the First Appellate Court by way of present revision petition is untenable. In view of the above, I do not find any patent illegality or C.R. No. 6913 of 2009 2 material irregularity in the order passed by the Trial Court which may warrant interference by this Court in exercise of its revisional jurisdiction. Dismissed. (HEMANT GUPTA) JUDGE November 26, 2009 RSK