Bhaskar Bhattacharya, J. - (1.) This revisional application under section 115 of the code of Civil Procedure is at the instance of the plaintiffs in a suit for declaration and permanent injunction and is directed against Order No. 2 dated October 26, 1998 passed by the learned District Judge, Alipore in Miscellaneous Appeal No. 419 of 1998 thereby refusing to grant an ad-interim order of injunction against the Defendant on an application under Order 39 Rule 1 and 2 of the Code filed by the plaintiffs before the learned first Appellate Court below.
(2.) Plaintiff No. 1 is the son and the plaintiff No. 2 is the daughter-in-law of the defendant, a widower. The plaintiffs filed a suit for declaration that they have every right to remain in occupation of the suit premises till the disputes between the parties are settled and that the defendant has to right to cause any interference in the matter of peaceful user of the suit premises by the plaintiffs and to dispossess the plaintiffs without taking recourse to due process of law.
(3.) In the said suit the plaintiffs also prayed for permanent injunction restraining the defendant and his men from causing any obstruction and interference in the matter of peaceful user of the suit premises including disconnection of water supply and electricity.;