JUDGMENT :

(Ajoy Kumar Mukherjee, J.) :

1. Plaintiff / petitioner herein filed a suit being T.S. No. 567 of 2005 against the defendants/opposite parties herein for specific performance of contract allegedly entered into by and between plaintiff and defendant no.1, mandatory injunction and for other reliefs. Along with the plaint the petitioner herein also filed application for injunction under order XXXIX rule 1 and 2. By an order dated April 13, 2005 the court below passed interim order restraining defendant from interfering with the peaceful possession and enjoyment of the suit property by the petitioner and/or transferring and/or dealing with, encumbering the suit premises. The defendant no.1 entered appearance in the suit on April 25, 2005. On September, 20, 2005 the opposite party/defendant filed an application under order VII rule 11 of the Code of Civil Procedure seeking rejection of the plaint. On the same day the said opposite party no. 1 also filed an application under order XXXIX rule 4 of the Code praying for vacating the interim order of injunction passed by the court on 13 April, 2005.

2. Thereafter by the order dated May, 15, 2006 the application filed by opposite par