JUDGMENT :

1. Being aggrieved by and dissatisfied with the Order No.2 dated 9th September, 2021 passed by the learned District Judge, Bankura in Misc. Appeal No.11 of 2019, the present revisional application has been preferred.

2. The petitioner contended that the plaintiffs/opposite parties filed a suit being Title Suit No.152 of 2019 on 17.06.2019 against the petitioner and the opposite parties no.14 to 44 in the Court of the learned Civil Judge, Junior Division, 1st Court at Bankura, praying for declaration of title of the plaintiff in respect of his share in the suit property. In connection with the said suit, the plaintiff also filed an application for injunction and another application for local inspection commission. Petitioner alleged that learned Civil Judge, Junior Division, 1st Court at Bankura without considering the application was pleased to direct plaintiffs to issue notice upon the petitioner and the opposite parties no.14 to 44 to show cause. Against the said order dated 20th June, 2019 the plaintiffs preferred a miscellaneous appeal being no.11 of 2019. Petitioner’s further allegation is that the learned District Judge, Bankura passed the impugned order without going through the plaint of the Partition Suit No.16 of 2017 pending in the Court of the learned Civil Judge, Senior Division, Additional Court, Bankura wherein Court passed an order, being order no.56, dated 9th October, 2018 directing the plaintiffs and petitioner and other defendants to maintain status quo in respect of nature and character of the suit property till disposal of the said Partition Suit No.16 of 2017, which order was ultimately set aside by a Division Bench of this Court by order dated 24th April, 2019 passed in FMA 445 of 2019. The Court below in this case passed an ex parte ad interim order of injunction on 2nd July, 2019 whereby the petitioner and the opposite parties no.14 to 30 had been directed to maintain status quo in respect of the suit property, to its nature, character and possession as on date of passing such order till further order.

3. Being aggrieved by the order no.2 dated 2nd July, 2019 and order no.14 dated 27th September, 2019 and order no.17 dated 12th December, 2019 passed by the learned District Judge, Bankura the revisional application, being CO 1144 of 2020, was preferred before this Court and this Court after hearing both the parties was pleased to dispose of the said revisional application by granting liberty to the petitioner to make a prayer before the learned District Judge, Bankura for modification/alteration of the ad interim order of injunction and to take a reasonable approach to decide the issue so that nobody is put to suffer unnecessary injunction. Thereafter, petitioner filed two applications; one under Order 41 Rule 27 of the Code and another under Order 13 Rule 10 of the Code and ultimately on 9th September, 2021 the learned District Judge, Bankura upon contested hearing disposed of the said Miscellaneous Appeal No.11 of 2019 by the impugned judgment and order directing both the parties to maintain status quo as regards its nature and character and possession in terms of the order dated 2nd July, 2019 till disposal of the injunction petition pending before the Trial Court and further direction was made upon the learned Trial Court to dispose of the said injunction application at the earliest in accordance with law after giving opportunity of hearing to both the parties.

4. Being aggrieved by the said order, the present revisional application has been preferred.

5. Learned Counsel appearing on behalf of the petitioner submits that the learned District Judge, Bankura by his judgment and order dated 9th September, 2021 allowed the said Miscellaneous Appeal without following the ultimate observations of the Hon’ble Division Bench made in FMA 445 of 2019 as the Hon’ble Division Bench after going through the report of the Commissioner observed that there is already existence of substantial construction at