MANIMALA GHOSH Vs. PRAFULLA KUMAR GHOSH

JUDGEMENT

(1.) Heard the submissions of the learned senior advocate for the petitioner, Mr. S.P. Roy Chowdhury with Ms. Rani Srimal and the learned advocate for the opposite party Mr. Sudipto Maitra appearing with Mr. S. Pachhal.

(2.) Considered the materials on record.

(3.) By this Revisional application under section 115 of the Code of Civil Procedure, the plaintiff as petitioner has challenged Order No.3 dated 7th August, 1995 passed by the learned District Judge, Howrah in Misc. Appeal No. 153 of 1995. The matter arises in the background of the case that the plaintiff, petitioner herein, filed a suit for declaration of title and for mandatory injunction in the Court of the learned Munsif, Fourth Court, Howrah where it has been registered as Title Suit No. 177 of 1995. In that suit, the plaintiff also made an application under Order 39, rules 1 and 2 of the Code of Civil Procedure and the learned Trial Court passed an ad interim order of status quo, by his Order No.4 dated 12th July, 1995. That order was appealed against by the defendants before the learned District Judge. Howrah where it has been registered as Misc. Appeal No. 153 of 1995. In connection with that appeal, an application under Order 41, rule 5 of the Code of the Civil Procedure was filed praying for stay of operation of the order passed by the learned Munsif and the learned Appeal Court stayed the operation of the order of the learned Munsif till the disposal of the Misc. Appeal. Against that, the present Revision has been filed by the plaintiff.