Tapas Kumar Giri, J. - (1.) Judgment and order dated January 31, 2007 passed by Learned Additional District Judge at Barrackpore District North 24 Parganas in Misc Appeal No.103 of 2006 affirming the order No.22 dated September 5, 2006 passed by Learned Civil Judge (Junior Division), 4th Court at Sealdah in Title Suit No.45 of 2005, is now under challenge before this Court by way of an application under Article 227 of the Constitution of India.
(2.) The case set up by the petitioner is that the petitioner/plaintiff has brought the Title Suit No.45 of 2005 against the opposite party/defendant for enforcement of contract and injunction.
(3.) The petitioner filed an application under Order 39 Rules 1 and 2 read with Section 151 of the Code of Civil Procedure for temporary injunction restraining the defendant/opposite party from entering into a new agreement with a third party for the development works on the suit property and or not to transfer the suit property and or not to change the nature and character of the suit property and or not to do any development works with a third party so long the agreement dated 02.07.2002 between the parties subsists.;