MIR ALFAZ ALI, J.

1. Heard Mr. PK Roy Choudhury, learned counsel for the appellant and Mr. PC Goswami, learned counsel for die respondent.

2. This appeal is directed against the order dated 25.4.2017 passed by the learned Civil Judge No.3, Kamrup (M) dismissing the Misc (J) Case No.36/ 2017 arising out of Title Suit No. 17 of 2016 and thereby refusing to grant temporary injunction. The appellant as plaintiff, instituted Title Suit No. 17 of 2016 and also filed a petition under Order 39 Rules 1 and 2 of the CPC seeking for temporary injunction, which was registered as Misc (J) Case No. 36 of 2017. The appellant-petitioner sought for temporary injunction restraining the respondents their servants, agents, employees, workmen, associates from disturbing the plaintiff in his peaceful use and occupation of the suit property.

3. The learned counsel for the appellant submits that the suit as well as the injunction petition was filed challenging certain action taken by the creditor on the ground of commission of fraud. But the learned trial Court dismissed the injunction petition straight away holding that the civil Court has no jurisdiction over the matter.

4. Learned counsel relying