SHABNAM ALI Vs. BAGNAN TEACHERS TRAINING COLLEGE

JUDGEMENT

(1.) The revisional application arises out of an order dated July 31, 2023, passed by the learned Additional District Judge, 1st Court at Uluberia. By the order impugned, the learned Court allowed Misc. Appeal No.32 of 2022. The order dated August 20, 2022 passed by the learned Civil Judge (Junior Division), 2nd Court at Uluberia, in Title Suit No.405 of 2016, was set aside by the appellate court. The application for temporary injunction filed by the opposite party was allowed. The defendant Nos.1 to 3, i.e., the petitioners herein were restrained from interfering with or disturbing the day to day affairs of the management of the Bagnan Teachers Training College (hereinafter referred to as the college), till the disposal of the suit.

(2.) Mr. Haradhan Banerjee, learned Advocate appearing on behalf of the petitioners has assailed the order impugned, on the following grounds:-

(3.) Mr. Banerjee urged that both the parties to the suit relied on the trust deed of 2006. On the basis of the same, each party claimed right to the post. The learned appellate court could not have gone beyond the provisions of the deed and arrive at a finding that the balance of convenience and inconvenience was in favour of granting a temporary injunction. The defendants were restrained from interfering with or disturbing the day to day affairs and the management of the college, till disposal of the suit.