NITAI BHAKAT Vs. MANOJ KUMAR BHAKAT

JUDGEMENT

(1.) This application is at the instance of the plaintiff and is directed against the Judgment and Order dated March 15, 2012 passed by the learned Additional District Judge (Senior Division), 2 nd Court, Midnapore in Misc. Appeal No.34 of 2011 thereby affirming the Order No.16 dated March 29, 2011 passed by the learned Civil Judge (Senior Division), 1 st Court, Midnapore in Title Suit No.404 of 2010.

(2.) The plaintiff/petitioner herein instituted a suit being Title Suit No.404 of 2010 against the opposite party before the learned Civil Judge (Senior Division), 1 st Court, Midnapore for declaration of right, title and interest in respect of A schedule property as described in the schedule to the plaint and other consequential rights, permanent injunction, etc.

(3.) The plaintiff/petitioner filed an application for temporary injunction and upon contested hearing, the learned Trial Judge dismissed the application for temporary injunction on contests. Being aggrieved by the said order, the plaintiff preferred an appeal being Misc. Appeal No.34 of 2011 and then upon hearing both the sides, the learned Additional District Judge, 2 nd Court, Paschim Midnapore dismissed the Misc. Appeal on contests without costs. Being aggrieved by the said judgment and order of affirmation, this application has been preferred.