AMAR KUMAR SASMAL Vs. HRISIKESH SASMAL

JUDGEMENT

(1.) The respondent in this appeal filed a suit in the Court of the Munsif, first Court, Contai, District Midnapore, West Bengal for declaration of title and for permanent injunction bearing Title Suit No. 247 of 1990. The respondent applied for temporary injunction pending the suit. Interim injunction was granted. But the trial court by an order dated 15-12-1990 dismissed the application filed by the respondent and vacated the order of interim injunction which was passed earlier. Against the said order the respondent preferred an appeal before the Assistant District Judge, Second court and the appellate court reversed the order of the trial court and granted the temporary injunction in favour of the respondent. This order was passed on 4-7-1991. Against the said order the petitioner preferred a revision under section 115 of the Code of Civil Procedure before the High Court at Calcutta in CO No. 2550 of 1991. The said revision application was dismissed affirming the order of temporary injunction granted by the appellate court in favour of the respondent.

(2.) Against the said order of the High Court, the petitioner-defendants have preferred this appeal in this Court.

(3.) This Court passed an order on 12-2-1993 suspending the order passed by the first appellate court and the High Court and also granted interim relief in terms of prayer 'b' in the interlocutory application filed in this Court. The said prayer 'b', made by the appellants, is a prayer for grant of injunction against the respondent-plaintiff from ousting the appellants from the possession of the suit property. The above said order of injunction passed by this Court in favour of the appellants on 12-2-1993 was made absolute on 13-9-1993.