MOBASSOR HOSSAIN Vs. MANIK CHANDRA PAL

JUDGEMENT

(1.) By the order impugned in this revisional application, the learned Judge in the lower appellate Court stayed operation of the Order No. 7 dated April 18, 2005 passed by the learned trial Judge in Title Suit No. 15 of 2005. By the order dated April 18, 2005 the learned trial Judge, upon a contested hearing, granted temporary order of injunction.

(2.) In my view, the learned Judge in the lower appellate Court was not justified in granting stay of operation of the order granting temporary order of injunction passed by the learned trial Judge. In a miscellaneous appeal arising out of order granting temporary injunction, all efforts should be made by the learned Judge in the lower appellate Court to dispose of such appeal, but, normally, no stay of operation of the order granting temporary injunction should be granted resulting practically allowing the appeal itself at the initial stage without hearing the other side.

(3.) I, therefore set aside the order impugned in this revisional application and direct the learned Judge in the lower appellate Court to make all endeavour to see that the appeal itself is disposed of by December 2005 peremptorily. Accordingly, I authorise the learned Judge in the lower appellate Court not to grant any unnecessary adjournment to either of the parties while disposing of the appeal.