CRP 451/2006 BEFORE THE HON’BLE MR JUSTICE H. N. SHARMA Heard Mr DK Mishra, learned senior counsel for the petitioner and Mr KN Choudhury, learned senior counsel for the respondents. The challenge made in this revision petition filed under Article 227 of the constitution of India is the order dated 14.11.2006 passed by the learned tr ial Court in Misc Appeal No 28/2006. After elaborate hearing the learned senior counsel Mr Mishra has prayed that he may be permitted to file a separate applica tion specifically under Order 39, rules 1 and 2, CPC, praying for injunction bef ore the learned appellate Court to which Mr Choudhury, learned senior counsel fo r the respondents, has not objection. In such a situation, this revision petition stands disposed of with the direction that the learned appellate Court shall hear the appeal finally on 29.1 1.2006 on which date the appeal has been fixed by him. The petitioner will also be at liberty to file a separate application under Order 39, Rules 1 and 2, CPC, if so advised. In the event of filing such an application, the same shall be du ly considered by the learned appellate Court by giving due opportunity to the ot her parties. It is further observed that in disposing of the appeal, the learned appellate Court shall not in any way be influenced by the impugned order dated 14.11.2006 and the appeal shall be decided strictly on merits. With the aforesaid direction and observation, the petition stands dispos ed.