- (1.) This application is at the instance of the defendant/respondent and is directed against the order dated July 30, 2013 passed by the learned Additional District Judge, 3rd Court, Howrah in Misc. Appeal No.78 of 2013 thereby setting aside the order dated March 25, 2013 passed by the learned Civil Judge (Junior Division), 5th Court, Howrah in Title Suit No.295 of 2012.
(2.) The plaintiff/appellant/opposite party herein has instituted the aforesaid title suit against the defendants before the learned Trial Judge praying for a decree of declaration that the plaintiff is a tenant in respect of the suit property as described in the schedule to the plaint under the proforma defendant no.2 or any other person who acquired a title, permanent injunction restraining the defendant no.1 from making any attempt for taking possession by dispossessing the plaintiff from the suit property and other consequential reliefs.
(3.) In that suit he filed an application for temporary injunction against the defendant no.1, which was rejected by the learned Trial Judge upon hearing both the sides. Being aggrieved, the plaintiff preferred an appeal being Misc. Appeal No.78 of 2013, which was allowed by the impugned order directing the parties to maintain status quo in respect of the suit property and not to change the nature and character of the suit property till the disposal of the suit. Being aggrieved by such judgment and order, this application has been preferred by the defendant no.1.;