BISWAPATI DEBNATH Vs. ANIL CHANDRA NASKAR

JUDGEMENT

(1.) THIS application is at the instance of the plaintiff and is directed against the judgment and order dated July 26, 2011 passed by the learned Additional District Judge, 15th Court, Alipore in Misc. Appeal No.198 of 2011 thereby reversing the order dated April 21, 2011 passed by the learned Civil Judge (Junior Division), 5th Court, Alipore in Title Suit No.1165 of 2011.

(2.) THE short fact is that the plaintiff / petitioner herein instituted a suit being Title Suit No.1165 of 2011 against the opposite parties for declaration of their right, title and interest in respect of the suit property as described in Schedule A to the plaint, injunction and other reliefs before the learned Civil Judge (Junior Division), 5th Court, Alipore. THE opposite parties are contesting the said suit.

(3.) HE filed an application under Order 39 Rule 1 and 2 at the time of filing of the suit. But the learned Trial Judge did not grant any ad interim order and for that reason, the plaintiff filed a misc. appeal being Misc. Appeal No.198 of 2011.