KAISAR ALI Vs. ASGAR ALI

JUDGEMENT

(1.) THIS application is directed against the order no. 64 dated 07. 12. 2006 passed by the learned Civil Judge (Junior Division), First Additional Court at Alipore in Title Suit

(2.) NO. 88 of 2006 whereby he has rejected the application under section 115 of the Code of Civil Procedure filed by the plaintiff/petitioner.

(3.) THE short fact of the case is that the plaintiff/petitioner filed the Title Suit No. 380 of 2000 before the learned Civil Judge (Junior Division), Sixth Court at Alipore for injunction against the defendants/opposite parties herein. That suit was transferred to the Court of the learned Civil Judge (Junior Division), First additional Court and was renumbered. In that suit, the plaintiff/petitioner prayed for temporary injunction and his petition was disposed of directing both the parties to maintain status quo in respect of the suit property. But the defendant no. 1/opposite party tried to disturb peaceful possession of the plaintiff/petitioner time and again. Ultimately, he took forcible possession of the suit property. So the plaintiff/petitioner has prayed for restoration of possession. His prayer was rejected on contest without costs by the impugned order. Being aggrieved by the said impugned order, the plaintiff/petitioner has preferred this application.