Bibek Chaudhuri, J. - (1.) This is an application for injunction filed by the respondent of the instant appeal praying for an order of temporary injunction restraining the defendant/appellant No.1 and its men and agents acting on behalf of it from transferring, alienating and/or changing the nature and character of the suit property till the disposal of the instant 2nd Appeal.
(2.) In his application, the respondent applicant has stated that he is the owner of the suit property by virtue of a deed of sale executed and registered in his favour by its erstwhile owner on 21st December, 1980. The defendant/appellant No.1 and its men and agents tried to disturb the possession of the plaintiff/applicant by encroaching upon the suit property and making endeavour to make construction thereon. In order to protect the suit property from illegal and unwarranted acts of the opposite parties, the applicant as plaintiff instituted Title Suit No.90 of 1989 in the Court of the learned Civil Judge (Junior Division), 3rd Court at Asansol praying for declaration of title and permanent injunction. After contested hearing, the said suit was decreed in favour of the applicant. The opposite party No.1 challenged the said judgment and decree before the learned Additional District Judge, 2nd Court at Asansol by preferring Title Appeal No.111 of 1998 which was subsequently renumbered as Title Appeal No.1 of 2000. The said appeal was also dismissed on contest.
(3.) Against concurrent finding of fact of both the trial court and the 1st Appellate Court, the Second Appeal has been admitted for hearing.;