JARINA BIBI Vs. RASID ANSARI

JUDGEMENT

(1.) THIS application is at the instance of the defendants and is directed against the judgment & order dated November 22, 2005 passed by the learned Additional District Judge, First Court, Purulia in Misc. Appeal No.26 of 2005 thereby affirming the order dated May 4, 2005 passed by the learned Civil Judge (Junior Division), Purulia in Title Suit No.50 of 2005. The plaintiffs/opposite parties herein instituted a Title Suit No.50 of 2005 against the defendant for declaration of title, permanent injunction and for other reliefs. The defendants are contesting the said suit. The plaintiffs filed an application under Order 39 Rule 1 & 2 of the Code of Civil Procedure praying for temporary injunction restraining the defendants from interfering with the peaceful possession of the plaintiffs in respect of the suit lands. The defendants contested the said application by filing a written objection denying all the materials allegations contained in the said application. That application for temporary injunction was allowed on May 4, 2005. Being aggrieved, the defendants have preferred the said misc. appeal which was dismissed by the impugned order. Being aggrieved, this application has been preferred.

(2.) NOW the point for consideration is whether the impugned order should be sustained.

(3.) URGENT xerox certified copy of this order, if applied for, be supplied to the learned Advocates for the parties on their usual undertaking.