SUBHASHISH ADDY Vs. HARIPADA DAS & ANR

JUDGEMENT

(1.) This First Miscellaneous Appeal is directed against an order being no. 2 dated 29th August, 2017 passed by the learned Civil Judge, Senior Division, Suri, Birbhum, in Money Suit No. 12 of 2017 at the instance of the plaintiff/appellant.

(2.) After filing a suit for recovery of money against the defendants/respondents herein, the plaintiff filed an application under Order 39 Rule 1 & 2 of the Code of Civil Procedure praying for an order of temporary injunction for restraining the defendants, their men, agents and servants from dealing with in any manner and/or transferring and/or disposing and/or alienating and/or encumbering and/or creating any third party interest in the property being described as schedule 'A' of the plaint till the disposal of the suit.

(3.) The learned Trial Judge refused to grant ad-interim relief to the plaintiff/appellant. The order impugned is not a speaking order. Be that as it may, since the defendants/respondents have already entered appearance before us, we feel that instead of entering into the merit of this injunction proceeding at this stage, justice will be subserved if we direct the parties to exchange their affidavits in connection with the injunction proceeding within a time bound period so that the plaintiff's application for temporary injunction can be decided at an early date.