- (1.) The facts of the review application and the civil revisional application are identical and/or substantially similar and, hence, the two applications have been taken up together for hearing and disposal.
(2.) Nripanka Sekhar Das as plaintiff filed Title Suit No. 86 of 2005 before the Ld. Civil Judge, (Senior Division) at Baruipur, District 24 Parganas (S) against one Smt. Illa Dey for damages and injunction. Upon the demise of the said Smt. Illa Dey, her legal heirs being Smt. Mitali Guha, and Sri Gobinda Prasad Dey were substituted in her place and stead. Motaleb Sheikh being the petitioner in the revisional application claims to have purchased a substantial portion of the suit property from the said Smt. Illa Dey, since deceased. Accordingly he got himself impleaded as a party defendant in the suit pending before the Ld. Trial Court.
(3.) It appears that the plaintiff who is the petitioner in the review application filed an application under Order 39 Rules 1 and 2 read with Section 151 of the CPC before the Ld. Trial Court praying for an order of temporary injunction restraining the original defendant from changing the nature and character of the 'Gha' schedule property and also from transferring and/or alienating the same to or in favour of any other party. The said application was filed on 4th October, 2005. The plaintiff's prayer for ad interim injunction was not allowed and the Ld. Trial Judge fixed the matter for hearing on 28th October, 2005.;