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Civil P.C. (5 of 1908) , O.39 R.1— Suit dismissed - Appeal - Whether Appellate Court can grant temporary injunction. Where the trial Court, while dismissing the suit for permanent injunction, clearly found that the conservancy road in question was a public one, which means that every member of public had a right to the user thereof unobstructed by any one else, the appellate court has jurisdiction to grant temporary injunction prayed for.