RADHA BALLAV DAS Vs. PRAN BALLAV DAS

JUDGEMENT

(1.) None represents the petitioner, while the opposite party is represented by Mr Sinha assisted by Mr Tiwari.

(2.) Heard Mr Sinha and perused the materials on record and also the impugned order dated March 19, 2012 passed by learned Additional District Judge, Fast Track Court No.3 at Barasat in Misc. Appeal No.82 of 2011.

(3.) The facts of the case are as follows. The opposite party being the plaintiff filed Title Suit No.586 of 2011 before the court of learned Civil Judge (Sr. Division), 1st Court at Barasat for partition seeking preliminary decree and other reliefs as appended in the prayer portion of the plaint. On being moved, learned trial court passed an interim order on August 24, 2011 restraining the defendant-petitioner from evicting the plaintiffopposite party from the suit property without due process of law till September 23, 2011 as it would stand at that time. Being aggrieved by the interim order, the defendantpetitioner filed an application (Misc. Appeal No.82 of 2011) under Order 39 Rules 1 & 2 read with section 151 of the Code of Civil Procedure before learned District Judge at Barasat seeking temporary injunction. By a judgment dated March 19, 2012 the appeal was dismissed on contest. Assailing the said dismissal order, the defendant has filed the application by way of civil revision under Article 227 of the Constitution of India.