1. The appellant appeals against the order of the Subordinate Judge of Berhampore in the matter of a temporary injunction in the following circumstances.

2. The minor plaintiff in O.S. No. 14 of 1923 on the file on the lower Court is suing to set aside a Court sale in O.S. No. 39 of 1921 so far as it relates to his share of the property sold. The appellant was the decree-holder purchaser at the Court sale. Unable to get possession under his sale, he filed O.S. No. 56 of 1925 to eject the present plaintiff and his father. The trial of that suit was stayed for a long time but a decree was passed in it ex parte in favour of the present appellant on 10th March 1928. In the meantime on 30th January 1928, the minor respondent filed his suit, O.S. No. 14 of 1928, and with it an application for a temporary injunction restraining the appellant from executing his decree in O.S. No. 56 of 1925. That application came on after notice to the appellant for hearing on 10th September 1928. The appellant put in no appearance and filed no counter and an order was passed staying delivery under the decree in O.S. No. 56 of 1925 till the disposal of O.S. No. 14 of 1928. On 11th September 1928, th