Through the instant Civil Revision, the petitioner prays as under: - "It is most respectfully prayed that the above titled revision be accepted with cost in both the lower courts, impugned judgment and order be set aside and petition for temporary injunction be accepted in the best interest of justice".
2. Facts as mentioned in this petition are that petitioner filed a suit for declaration & perpetual injunction. Along with the suit, an application for temporary injunction was also filed. The defendant/respondent submitted written statement and written reply to the application. The learned trial court, vide order dated 03.01.2014 dismissed application for temporary injunction.
Feeling aggrieved, the petitioner filed an appeal which was also dismissed vide impugned judgment dated 12.02.2014. On 07.01.2014, the learned appellate court restrained the respondent from presenting the cheques in question to bank for encashment, but during pendency of the suit, the respondent willfully and deliberately presented on 16.12.2013 & 22.12.2013 the same for encashment again st which, the petitioner filed petition u/s 39 R-2(3) u/s 94(c)(e) & 151 CPC.
Feeling aggrieved, the petitioner has filed instant Civil Revision.
3. It has been contended by the learned counsel for the petitioner that learned trial court as well as learned appellate court while passing the impugned order and judgment have acted illegally in exercise of its jurisdiction. Both the courts below have given undue weight to weak and exaggerated defence of the respondent. The impugned order is a result of non- reading and misreading of record of the case.
4. Arguments heard. Record perused.
5. The controversy with regard to payment of amount and repayment thereof through cheques is a real dispute between the parties. In case, if the petitione r establishes his case in litigation before the learned trial court, that could be compensated. Under no circumstances, money loss could be considered as an irreparable loss. It can be finally adjusted on substantiating claim through evidence. The amount through cheques is an ascertainable amount of money, which ultimately will have to be decided by the court concerned.
6. I am of the strong view that both the learned courts below in their legal approach have rightly initiated decisions, which do not require interference. No illegality or irregularity has been observed in the orders of the learned courts below . Therefore, instant Civil Revision, being devoid of merit, is hereby dismissed in limine.