Bhagabati Prosad Banerjee J.: This is an appeal against the order dated 21st September 1991 passed by the learned District Judge, Purulia in Misc. Appeal No. 20 of 1991 whereby the prayer for ad interim injunction was considered and refused in an appeal which was preferred against the refusal to grant injunction by the learned Trial Judge by the order dated 14th September 1991 in Title Suit No. 123 of 1991.

2. The Stamp Reporter of this court put a note in the file as to the maintainability of this appeal and called upon this court to decide whether the present appeal would lie against the order of the learned District Judge refusing prayer for ad interim injunction.

3. The plaintiff/appellant filed a suit for declaration and also filed a petition under Order 39 Rules 1 and 2 read with s. 151 of the Civil Procedure Code for temporary injunction against the defendants restraining them from interfering with the possession of the plaintiff/appellant over the suit property till the disposal of the suit. The said prayer was considered by the Trial Court and the Trial Court after hearing the plaintiff/appellant and the defendant/opposite parties disallowed a prayer for injunction o