PRABHAT KUMAR DEY, J. - (1.) The instant revision is directed against the judgment and order dated 11th July, 2008, passed by the learned Additional District Judge, First Court, Alipore, in Misc. Appeal No. 182 of 2008 wherein the learned court was pleased to dismiss the said Misc. Appeal. The facts of the case, as it appears from the instant revisional application, are, in short, as follows : There was an agreement for sale entered into by and between the petitioners and the opposite parties herein during the pendency of Title Suit No. 94 of 2000 pending before the 8th Court of Civil Judge, Sr. Division, Alipore and another Title Suit No. 101 of 2000 pending before the said Court. In both such suits injunction was prayed for and upon hearing the application under Order 39 Rules 1 and 2, order of status quo was passed with regard to the nature, character and possession of the scheduled property in suit. The petitioners were made to understand that Title Suit No. 101 of 2000 would be dismissed being not maintainable under the law as the plaintiff in that suit did not have any right and/or interest in the said suit property. The facts of the former suit i.e. Title Suit No. 94 of 2000 was also similar. Under such circumstances, the petitioners were made to understand that during the pendency of the status quo entering into the agreement for sale dated 17.06.2005 disclosing all the facts would not amount to any contemptuous conduct. Accordingly, the said agreement for sale was executed whereupon the petitioners agreed to sell their respective shares in the said property, which was the subject matter of both the above referred suits specifying to the effect that the said sale shall be effected only after the schedule property is free from all encumbrances after the said suits are disposed of in favour of the petitioners / vendors.
(2.) Furthermore, it was specifically made clear that the said agreement for sale is strictly dependent on the vacating the interim order and dismissal of both the above referred suits and as such, until and unless favourable orders are received, the agreement dated 17.06.2005 shall not be performed. After discussion by and between the petitioners and the opposite parties, the opposite parties accepted the said proposal. However, the opposite parties opted to harass the petitioners and filed a title suit being Title Suit No. 39 of 2007 against the petitioners before the Third Court of Civil Judge, Junior Division, Alipore with a prayer for declaration and injunction. After instituting the suit, the opposite parties filed an application under Order 39 Rules 1 and 2 read with Section 151 of the Code of Civil Procedure praying for temporary injunction. The petitioners filed objection to the application for temporary injunction. The learned Civil Judge (Junior Division), Third Court, Alipore, after hearing the application for injunction, was pleased to reject the said application vide order dated 9.4.2008. On 4th April, 2008, the opposite parties filed applications under Order 6 Rule 17 read with Section 151 of the Code of Civil Procedure praying for amendment of the application for injunction and also for amendment of the plaint.
(3.) Being aggrieved by and dissatisfied with the order dated 9.4.2008, the opposite parties preferred appeal being Misc. Appeal No. 182 of 2008 before the learned District Judge. Subsequently the learned Additional District Judge, First Court, Alipore, in turn after hearing the appeal dismissed the same. However, the said court was pleased to direct the learned court below to dispose of the petitions for amendment of the plaint as well as the injunction petition, but directed the respondents / defendants to maintain status quo in respect of the suit property till disposal of the injunction application, by the court below.;