JUDGMENT :

KRISHNA RAO, J.

1. This present revisional application filed by the petitioner against the order passed by the Learned Civil Judge, Senior Division, Siliguri by an order no. 51, dated January 17, 2023 in Title Suit No. 130 of 2013, wherein the application filed by the plaintiff under Order 1, Rule 10(2) of the Code of Civil Procedure is allowed.

2. The opposite party/plaintiff has filed a suit against the petitioner/defendant no. 1 for a Specific Performance of Contract and Perpetual Injunction. The petitioner being the defendant is contesting the suit by filing written statement.

3. The opposite party/plaintiff had filed an application for grant of temporary injunction and the Learned Court has granted injunction and being aggrieved with the order of injunction, the petitioner/defendant had preferred a Miscellaneous Appeal before the Division Bench of this Court being FMA No. 1260 of 2015 and by an order dated May 15, 2015, the Hon’ble Division Bench has modified the order of injunction as follows:

“(1) The Respondent/Plaintiff will deposit an amount of Rs. 12,20,000/- in the Trial Court within four weeks from today.

(2) The Trial Court shall invest the same in a nationalized