ABDUL GAFUR DARBHUYAN Vs. MUSTAKIM ALI AND ORS.

JUDGEMENT

(1.) THIS is a revision petition under Section 115, Code of Civil Procedure, against an order of injunction issued by the Munsiff, Nowgong, which has been affirmed in appeal by the Assistant District Judge Nowgong.

(2.) THE opposite party No. 1 as Plaintiff filed T. S. No. 114/68 against the Petitioner and opposite party No.2 as Defendants in the Munsiff's Court. Now gong, praying for declaration that the election of the Petitioner as the Chairman of the Daboka Marketing Co -operative Society Ltd., in its meeting held on 28 -8 -68 was void and illegal and that the Petitioner was not entitled to hold the office as the Chairman of the said Society. The opposite party No. 1 also filed ft petition under. Order 39 Rules 1 and A href="javascript:fnOpenGlobalPopUp('/ba/disp.asp','288416','1');">2, read with Section 151, Code of Civil Procedure, praying for issue of a temporary injunction restraining the Petitioner from taking over charge and functioning as the Chairman of the Daboka Co -operative Marketing Society and also restraining the opposite party No. 2 (Defendant No. 2) from handing over charge of the Chairmanship of the said Society to the Petitioner.

(3.) THE learned Munsiff on a consideration of the facts and circumstances of the case made the interim injunction order absolute by his order dated 23 -11 -68. Against: the said order the Petitioner filed an appeal before the Assistant District Judge who dismissed the appeal after considering the materials on record, Hence this revision petition.