- (1.) This revisional application is directed against Order No. 6 dated 24th November, 2014 passed by the learned Civil Judge (Junior Division), 1st Court at Asansol in Title Suit No. 183 of 2014.
(2.) The plaintiff/petitioners claim to be shebaits of the temple in question. The problems cropped up when the defendants were trying to take forcible possession of the property of the temple. The plaintiffs filed a suit and prayed for temporary injunction restraining the defendants from making any construction over the property of the temple. The suit was contested by the defendants and they also filed written objection against the application filed by the plaintiffs praying for temporary injunction.
(3.) On consideration of the fact that the plaintiffs had a good prima facie case in support of grant of injunction thereby also balance of convenience and inconvenience, passed an order for temporary injunction restraining the principal defendants, their men, agents and associates from raising and/or developing any kind of construction over the suit property till disposal of the suit. No appeal has been filed against the order of temporary injunction by the defendants. The plaintiffs filed two applications one under Section 151 of the Code of Civil Procedure before the learned Civil Judge (Junior Division), 1st Court at Asansol to pass necessary direction upon the police authorities to implement the solemn order of temporary injunction. The learned Court below rejected the said application holding that the plaintiffs in their subsequent application under Order 39 Rule 7 of the C.P.C. admitted that the police inspected the premises in question.;