- (1.) This application under Article 227 of the Constitution of India is directed against an order dated 27th August, 2009 passed by the learned District Judge at Howrah in Misc. Appeal No. 163 of 2009, reversing the order dated 27th July, 2009 passed by the learned Civil Judge, Junior Division, 5th Court at Howrah in Title Suit No. 54 of 2009.
(2.) The learned Trial Judge rejected the plaintiffs application for temporary injunction. The appeal Court set aside the said order of the learned Trial Judge and directed both the parties to maintain status-quo in respect of the suit property till the disposal of the suit. The propriety of The said order is under challenge in this application under Article 227 of The Constitution of at The instance of The defendant/petitioner herein.
(3.) Let me now consider as to how far the learned appeal Court was justified in passing the impugned order in the facts of the instant case. In the present suit, the plaintiff/opposite party sought for a declaration to the effect that the ex-parte decree dated 20th January, 2006 passed in Title Suit No. 106 of 1994 by the learned Trial Judge is void, illegal and inoperative, as the said decree was obtained by practising fraud upon Court and hence the decree is not binding upon the plaintiff.;