ALI BAIL, J.---This revision petition is directed against the impugned judgment/order dated 07-8- 2019, passed by the learned District Judge Gilgit, in CFA No.72/2019, whereby the learned 1st appellate court has dismissed civil 1st interlocutory appeal of present petitioner/ plaintif f.
2. Succinctly facts giving rise to the filing of this civil revision petition are that the petitioner/plaintif f filed a suit for declaration and permanent injunction against the present respondents/defendants in the learned trial court claiming that the petitioner/plaintif f is owner in possession of suit land measuring 21 kanals 8 marlas fully described in the head note of plaint situated at village Minawar Tehsil and District Gilgit. The respondents/defendants Nos.1 and 2 in league with respondents Nos.5 to 9 are bent upon to take possession of suit land, this act of respondents is illegal, based on mala fide intention, ineffective on the rights of petitioner/plaintif f, therefo re, the respondents/ defendants may be restrained from interfering in the suit land.
3. Along with the plaint/suit the present petitioner/plaintif f had also filed an application under Order XXXIX, Rules 1 and 2, C.P.C. for grant of temporary injunction in the trial court but before passin g of any order on the aforesaid application, the present petitioner had filed an appeal in the court of learned District Judge Gilgit. The learned District Judge Gilgit was dismissed the Civil 1st Appeal of the petitioner vide the impugned judgment dated 07-8- 2019, hence, this revision petition.
4. Arguments advanced by learned counsel for the petitioner heard and record perused.
5. From perusal of order dated 24.7.2019, it reveals that the learned trial court has not disposed of the application filed by the learned counsel for the petiti oner/plaintif f under Order XXXIX, Rules 1 and 2, C.P.C. Contents of the order-sheet dated 24-7-2019,maintained by the trial court are reproduced as under:-- "Meanwhile plaintiff and learned counsel for the plaintiff stated at bar that suit land under Khasra No. 147 has been reflected as Khalisa land in latest jamabandi. Hence, injunction application shall be decided after complete pleadings of the parties and hearing of the both the parties on merits"
The aforesaid reproduced order of the learned trial court was challenged through civil 1st appeal in the court of District Judge Gilgit by the present petitioner .
6. Bare reading of aforesaid reproduced order of the learned trial court shows that the learned trial court has simply deferred/adjourned hearing of injunction application till the time of filing of written statement on behalf of the respondents/defendants and has not passed any interim adverse order against the present petitioner , hence, the appeal of the petitioner/plaintif f was incompetent. Thus, the order dated 24-7-2019, passed by the learned trial court was neither appealable nor revisable under Section 115, C.P.C. as no any adverse order has been passed by the learned trial court against the present petitioner .
7. The learned 1st Appellate Court has also held in the impugned order that appeal of the appellant is incompetent, thus, the learned 1st appellate court should have remanded the case to the trial court with the direction to dispose of the application filed under Order XXXIX, Rules 1 and 2, C.P.C. on merit, but the learned 1st appellate court has disposed the appeal of the petitioner/plaintif f on merits, hence the learned 1st appellate court has committed material, irregularity and illegality while passing the impugned judgment/order dated 07.8.2019.
8. While going through record of the case, I have come across an application filed under Order XXVI, Rule 9, C.P.C. for appointment of commission for local investigation by the petitioner in the trial court which is pending for adjudication in the trial court.
9. In view of above discussion, this petition is partly allowed and impugned judgment/order dated 07-9-2019, passed by the learned 1st appellate court is set-aside. Consequently the case is remanded back to the learned trial court with the direction to dispose of the application filed under Order XXVI, Rule 9, C.P.C. by the petitioner/plaintif f under law on top priority basis and thereafter , the application filed by the petitioner/plaintif f under Order XXXIX, Rules 1 and 2, C.P.C. may be disposed of after hearing arguments on behalf of the parities on merit with in shortest possible time. The petitioner is directed to appear before the trial court on 04-9-2019, till then the parties are directed to maintain status quo. This revision petition is disposed of accordingly . Office is directed to send a certified true copy of this judgment to the learned trial court forthwith for informat ion and compliance. Parties are left their own costs. File.