RABIA KHATUN Vs. KHAWAJA ALI AHMED

JUDGEMENT

(1.) This is an application under Article 227 of the Constitution of India assailing the order No. 25 dated 25.9.2008 passed by learned District Judge, 2nd Fast Track Court, Paschim Midnapur in Title Appeal No. 102 of 2006.

(2.) The predecessor in interest of the opposite party herein brought a Title Suit No. 326 of 1994 in the Court of Civil Judge (Senior Division) claiming partition of C.S. plot No. 577 of mouza Milonbazar within Midnapur Town and pre-emption under the Mohammedan Law and for injunction. The suit was subsequently numbered as T.S. No. 46 of 2006 and it was ultimately dismissed on contest by the learned Civil Judge (Senior Division), Third Court, Paschim Midnapur on 18.9.2006. Being aggrieved by the said judgment and decree passed by the learned Trial Court the plaintiff filed a Title Appeal before the learned District Judge which was numbered as T.A. 102 of 2006.

(3.) During the pendency of the said appeal the appellant filed an application under Order 39 Rule 1 & 2 read with Section 151 C.P.C. for temporary injunction against the defendant/respondent.