PINTU MALLICK Vs. JAYANTA MALLICK AND ORS.

JUDGEMENT

(1.) The first miscellaneous appeal is directed against an order being No. 21 dated 1st August, 2016 passed by the learned Civil Judge, Senior Division, Burdwan in Title Suit No. 170 of 2015 by which the plaintiff's application for temporary injunction was rejected. The plaintiff thus, felt aggrieved. He has come before this Court with this appeal. The instant appeal was admitted for hearing under the provision of Order 41, Rule 11 of the Code of Civil Procedure.

(2.) After the appeal was admitted, an interim order of injunction was passed directing the parties to maintain status quo as regards their possession in the suit property and/or the nature and character thereof till the end of January, 2017. The said interim order was subsequently extended.

(3.) Today, when the appellant's prayer for further extension of the interim order was considered by this Court, we were requested by the learned counsel appearing for the parties to dispose of the appeal itself on merit. Accordingly, we have decided to dispose of the appeal itself on merit.