SURESH CHANDRA SEN Vs. ZOOM HEALTH CARE

JUDGEMENT

(1.) This application is directed against the order dated June 28, 2010 passed by the learned Civil Judge (Junior Division), 1 st Court, Barasat in Title Suit No.347 of 2010 thereby dismissing the said misc. appeal arising out of the Order No.2 dated June 26, 2010 passed by the learned Civil Judge (Junior Division), 1 st Court, Barasat in Title Suit No.347 of 2010.

(2.) The short fact is that the petitioner / appellant instituted a suit being Title Suit No.347 of 2010 praying for permanent injunction against the respondent / opposite party herein in respect of A schedule property as described in the schedule of the plaint. He filed an application under Order 39 Rule 1 & 2 of the C.P.C. praying for temporary injunction restraining the respondent / opposite party herein from raising any pucca or kuncha construction over the A schedule property. The prayer for ad interim of injunction was moved accordingly, but, the learned Trial Judge refused to grant any ad interim injunction. Being aggrieved by such order of refusal of an ad interim order of injunction, the petitioner preferred a misc. appeal and the Lower Appellate Court dismissed the said misc. appeal by the impugned order. Being aggrieved, this application has been preferred.

(3.) Now, the question is whether the impugned order should be sustained.