- (1.) NONE appears on behalf of the petitioner even though this matter is running in the list.
(2.) THIS is an application under Article 227 of the Constitution of India wherein the order no. 1 dated 4.2.2013 as passed by the learned Additional District Judge at Barrackpore within the district of North 24 Parganas passed in Misc. Appeal No. 139 of 2013 has been assailed before this Court. Vide that order, the learned Court of First Appeal has affirmed the order of refusal to pass an order of ad interim injunction in favour of the present petitioner, who is the plaintiff before the said court being Civil Judge, Junior Division, 4th Court at Sealdah in Title Suit No.336 of 2013.
(3.) I feel that interests of justice demands that this case may be disposed of on merits considering the attitude of the petitioner to avoid this Court. I have gone through the impugned order as passed by the learned Additional District Judge, Barrackpore wherefrom it is clear that the learned First Appellate Court even did not want to exercise the discretion in favour of the present petitioner considering the weak documents and it was further held by the said court that the Record of Rights does not create any title.;