DIBYENDU ADHURJYA Vs. BIRENDRA MISHRA

JUDGEMENT

(1.) This application is at the instance of the defendants and is directed against the Order No.22 dated April 8, 2013 passed by the learned Civil Judge (Senior Division), Bankura in J. Misc. Case No.26 of 2013 arising out of the Title Suit No.134 of 2012.

(2.) The plaintiffs/opposite parties herein instituted the aforesaid title suit against the defendants/petitioners herein and other opposite parties for partition and other consequential reliefs before the learned Trial Judge. In that suit, they prayed for temporary injunction along with a prayer for ad interim injunction. The learned Trial Judge granted the ad interim order of injunction in the nature of status quo in respect of the suit property upon the parties. The defendants/petitioners herein entered an appearance in the said suit and prayed for time to file a written objection and a written statement. They also moved the Hon'ble High Court against the ad interim order of injunction.

(3.) Subsequently, the plaintiffs filed a misc. case under Order 39 Rule 2A of the C.P.C. for violation of the order of status quo against the defendants/petitioners herein and that application has been converted into the J. Misc. Case No.26 of 2013. In that misc. case, they filed an application for inspection by a Survey Passed Commissioner to see whether the order of injunction is being violated. That application was allowed ex parte. Being aggrieved, this application has been preferred.