KISHORE KUMAR KHAITAN Vs. PRAVEEN KUMAR SINGH

JUDGEMENT

(1.) This revisional application under Section 115 of the Code of Civil Procedure is at the instance of defendants in a suit for declaration and injunction and is directed against order dated December 1, 1998 passed by the learned District Judge. Howrah in Misc. Appeal No 145 of 1998 thereby allowing an application, for mandatory injunction filed by the opposite party in the said Misc. Appeal and consequently allowing the Misc. Appeal itself.

(2.) The opposite party herein brought against the petitioners in the Court of Civil Judge, Junior Division, 4th Court, Howrah a suit being Title Suit No. 119 of 1998 for declaration that he was a tenant in respect of the disputed property and the present petitioners had no right to create any disturbance in the peaceful possession and enjoyment oi the opposite party in the suit property and for per manent injunction restraining the petitioners, their men and agent from creating any disturbance in enjoyment or running of the business in the suit property and from dispossessing the opposite party other than by due course of law.

(3.) Immediately after the filing of the afore said suit, the opposite party filed an application for temporary injunction there by paying an order of temporary injunction in terms of the aforesaid prayer.