DILIP KUMAR BISWAS Vs. KAMALENDU CHANDA

JUDGEMENT

(1.) This revisional application seeks to challenge the order of the learned Additional District Judge, 5th Court, Alipore, passed in Misc. Appeal No. 450 of 1981, whereby the order of ad interim injunction passed by the learned Munsif, 2nd Court, Alipore, against the opposite party was set aside. The facts leading on to the application are as under.

(2.) In a suit for eviction of the petitioner by the opposite party, the petitioner moved an application for temporary injunction restraining the opposite party, his men and agents from interfering with the supply of electricity to the suit premises or preventing the petitioner's access to the electric meter box and the main switch for effecting repair and/or restoring electricity, by erecting a partition wall.

(3.) The learned Munsif, on the same day, passed an ex parte order directing the opposite party to maintain status quo with respect to the electric meter and the main switch of the suit premises till the disposal of the application for temporary injunction. Against the said order the opposite party took an appeal which was heard and disposed of by the learned Additional District Judge, 5th Court, Alipore who not only set aside the impugned order of the learned Munsif but also rejected the petitioner's application for temporary injunction. Aggrieved thereby, the petitioner has moved this court in revision and obtained the present Rule.