( 1 ) ALTAMAS KABIR, J. 1. This appeal is directed against the Order No 119 dated 20th September, 2000, passed by the learned Civil Judge (Senior division), 2nd Court, Alipore, South 24 Parganas, in Title Suit No. 2 of 1993 filled by the Plaintiff/opposite party herein, rejecting the defendant/ appellant's application for temporary injunction filed on 27th March, 2000.

( 2 ) AS recorded by the learned Court below, the suit was for ejectment and mesne profits and was at the stage of peremptory hearing and evidence when the aforesaid application was filed by the ddefendent appellent under Order 39 Rules 1 and 2 read with Section 151 of the code of Civil Procedure praying for an order of injunction to restrain the plaintif/opposite party from letting out the common lawn and open space pertaining to premises No. 13/1 Ballygunge Park Road, Calcutta - 700 019. and also from holding any marriage party or any ceremony or other functions and from allowing vehicles with goods meant lor such functions to enter into the premises" and the open space therein at night till the disposal of the suit. The learned Court below upon considering that the suit was at the peremptory stag