Samir Kumar Mookherjee, J.

1. With the consent of the parties, the application or stay and the connected appeal have been taken up together for hearing after dispensation of the required formalities in terms of the Rules of this Court.

2. The present appeal is directed against Order No.1 0 dated 23rd May, 1994, passed by the learned Assistant District Judge, Midnapore, in other Suit No. 60 of 1994. By the said order, the learned Assistant District Judge has injuncted the defendent/appellant from operating his Mill, till the disposal of the suit. The defendant/appellant has preferred this appeal and there is a cross-objection, on behalf of the plaintiff/respondent, which is directed against some of the adverse findings made in the said order which was, in finality, in favour of the plaintiff.

3. Before considerating the property of the impugned order, certain relevant facts must be borne in mind, and such facts appear from the plaint, the application far injunction, the objection thereto and rejoinder to such objection. It is also to be noted that in this court the parties have filed application far inerim relief, affidavit-in-apposition thereto affidavit in reply as also supp