( 1 ) AN order dated 12th April 2002 passed by the learned Civil Judge (Senior Division), 3rd Court at Howrah in miscellaneous Appeal No. 296 of 1998 affirming the order dated 4 september 1998 passed by the learned Civil Judge (Junior Division), 1st Court at Howrah in Title Suit No. 3 of 1997, is under challenge in this revisional application.

( 2 ) THE petitioner herein is the plaintiff in a suit for declaration of his tenancy right in respect of the suit property and for permanent injunction.

( 3 ) AFTER filing the said suit, the petitioner filed an application under order 39 Rules 1 and 2 read with section 151 of the Code of Civil procedure, inter alia, praying for an order of temporary injunction for restraining the defendant/opposite party No. 1 and his men, agents from interfering and/or disturbing the peaceful possession of the plaintiff in respect of the suit property.

( 4 ) THE learned trial Judge by his order being Order No. 2 dated 10th January 1997 was pleased to pass ad-interim order of injunction on the said application and thereby restrained the defendant No. 1 from disturbing the peaceful possession of the plaintiff in respect of the suit pre