LAWS(CAL)-2008-10-3

GANDHABANIK MAHASABHA Vs. GANDHABANIK MAHASABHA BARDHAMAN SAKHA SAMITY

Decided On October 01, 2008
GANDHABANIK MAHASABHA Appellant
V/S
GANDHABANIK MAHASABHA, BARDHAMAN SAKHA SAMITY Respondents

JUDGEMENT

(1.) This first miscellaneous appeal is at the instance of the defendants in a suit for declaration and permanent injunction and is directed against Order No. 12 dated 26th February, 2008 passed by the learned Judge, Twelve Bench, City Civil Court at Calcutta, in Title Suit No. 467 of 2007, thereby allowing an application under Order 39 Rules 1 and 2 of the Code of Civil Procedure filed by the plaintiff- respondents after rejecting an application under Order 39 Rule 4 of the Code filed by present appellants. By the order impugned, the learned Trial Judge made the earlier interim order granted by it absolute till the disposal of the suit.

(2.) Being dissatisfied, the defendants have come up with the present first miscellaneous appeal.

(3.) The plaintiffs-respondents filed the aforesaid suit thereby praying for the following relief: