His Holiness Syedna Mufaddal Saifuddin (T.u.s.) vs. Abid Hussain & Anr.

Code of Civil Procedure, 1908–Order 39, Rule 4 & Order 39, Rules 1 & 2–Order of granting the ad interim injunction–Appellate Court set aside the order –Whether the plaintiff can move the application under Order 39, Rule 4 before the Trial Court to undo the effect of the order passed by the Appellate Court ?–Held, no–Appellate Court had set aside the order of Trial Court as well as had ordered for appointment of receiver and specific directions in the proceedings u/s. 145 Cr.P.C.–If the Trial Court is allowed to vary or otherwise interfere with the specific direction of the Appellate Court, it would create chaos and uncertainty as well as judicial impropriety–Moreover, Order 39, Rule 4 does not permit variation of earlier order beyond grounds of interference mentioned in Order 39, Rule 4–No infirmity is found in the impugned order passed by the Trial Court.