KALIPADA SAHA Vs. SUDHANGSHU SAU & ORS.

JUDGEMENT

(1.) In a suit for partition and declaration of share to the extent of ? ..?th in 'A' and 'B' schedule property and a further declaration that the deed relating to 'C' schedule property is void and an application under Order 39 Rule 1 and 2 read with Section 151 of the Code of Civil Procedure was filed by the plaintiff.

(2.) The learned Civil Judge(Senior Division), Medinipur upon consideration of the materials on record disposed of the said application for temporary injunction by the order dated 16th September, 2009 by directing both the parties to maintain status quo in respect of the nature and character of the suit property till the disposal of the suit.

(3.) The defendant being aggrieved by the said order, filed an appeal before the learned Additional District Judge, Fast Tract, 1st Court, Medinipur. The appellate court, however, allowed the Misc. Appeal and set aside the order passed on 16th September, 2009. Being aggrieved by the said order, the plaintiff has preferred this revisional application.