BIMALENDU SEN Vs. THE STATE OF TRIPURA & 4 OTHERS

JUDGEMENT

(1.) The petitioner arises from the order passed by the learned District Judge, Tripura West at Agartala dismissing the appeal being Misc. Appeal No. 5 of 1980 filed by the plaintiff-petitioner against the order of the learned Munsiff, Agartala passed on 15.7.80 in Title Suit No. 104 of 1980 rejecting the prayer of the plaintiff to issue a temporary injunction restraining dependents 1, 2 and 3 from giving effect to the transfer order dated 3.12.79 which was challenged in the suit filed by the plaintiff-petitioner.

(2.) A brief resume of the facts and circumstances leading to the present petition under section 115, C.P.C. is stated below:

(3.) After instituting the suit the petitioner submitted a petition supported by affidavit praying for issuing a temporary injunction against the defendants No. 1-3 and show cause notice was issued. After appearance of the defendants the learned Munsiff heard both sides on the petition of temporary injunction and rejected the prayer on 15.7.80. Against this order the plaintiff-petitioner went up in appeal before the learned District Judge who dismissed the appeal.