- (1.) This application is at the instance of the defendant/respondent and is directed against the Order dated May 26, 2008 passed by the learned Additional District Judge, 1 st Court, Alipore in Misc. Appeal No.152 of 2008 thereby setting aside the Order dated April 2, 2008 passed by the learned Civil Judge, Junior Division, 3 rd Court, Alipore in Title Suit No.38 of 2 2007 thereby rejecting an application under Order 39 Rule 1 & 2 read with Section 151 of the Civil Procedure Code (in short 'C.P.C.') on contests.
(2.) The plaintiffs/appellants/opposite parties herein instituted a suit being Title Suit No.38 of 2007 against the petitioner for declaration that the agreement dated September 19, 2005 is still in operation, permanent injunction restraining the defendant for rescinding or cancelling the agreement dated September 19, 2005 and other consequential reliefs. They filed an application under Order 39 Rule 1 and 2 read with Section 151 of the C.P.C. praying for temporary injunction. The petitioner filed his objection to the said application.
(3.) By the Order dated April 2, 2008, the learned Trial Judge rejected the application for injunction on contests. Thereafter the appeal being Misc. Appeal No.152 of 2008 was field by the plaintiffs against the order of the learned Trial Judge before the learned District Judge, South 24-Parganas at Alipore. The plaintiffs/opposite parties moved an application praying for an ad interim order of injunction. But, no order of ad interim injunction was passed. The record was transferred to the Court of the learned Additional District Judge, 1 st Court, Alipore for disposal. Since, no order of ad interim injunction was granted by the Appellate Court, a revisional application was filed by the plaintiffs before this Hon'ble Court and by the order dated May 16, 2008, this Hon'ble Court directed the Appellate Court to dispose of the appeal as well as the application interim injunction on the next date, that is, on May 22, 2008. Thereafter, the said misc. appeal was allowed on contests by the impugned order. Being aggrieved, this application has been preferred.;