- (1.) This application under Article 227 of the Constitution of India is directed against an order dated 23rd December, 2009 passed by the learned Additional district Judge, Diamond Harbour in Misc. Appeal No.10 of 2009, reversing the order being No.3 dated 3rd June, 2009 passed by the learned Civil Judge (Junior Division) at Kakdwip in T.S. No.99 of 2009.
(2.) The learned Trial Judge refused to pass an ad-interim order of injunction in favour of the plaintiff/opposite party. The plaintiff was directed to put in the requisites for service of notice to show cause upon the defendants. Instead of complying with the said direction of the learned Trial Judge, a miscellaneous appeal was preferred by the plaintiff before the learned Appeal Court against the order of refusal to grant ad-interim injunction passed by the learned Trial Judge as aforesaid. The learned Appeal Court was pleased to admit the said appeal under Order 41 Rule 11 of the Code of Civil Procedure and thereafter the appeal was ultimately allowed on contest. Both the parties were directed to maintain status quo as regard possession of the plaintiffs/appellant till disposal of the said suit.
(3.) The propriety of the said order is under challenge in this revisional application at the instance of the defendant/petitioner herein.;