JUDGMENT :

D.P. Mohapatra, J. - Being aggrieved by the order of the learned Subordinate Judge, Puri rejecting his application for temporary injunction the Appellant has filed this appeal under Order 43, Rule 1 (r) of the CPC Code.

2. The Appellant filed O. S. No. 143 of 1983 (Ill) in the Court of the Subordinate Judge. Puri, against the District Collector, Puri for realisation of Rs. 14,700/-" and to permanently restrain the Defendant from realising the balance bid amount of Rs. 5000/- with interest from him. The dispute arose in relation to fishery Sairat 'Sunamuhin' which the Appellant had taken on lease during the year 1981-82. The State filed a certificate proceeding for realisation of the balance bid money amounting to Rs. 5000/- from the Appellant whereafter the suit was filed for the reliefs referred to above. During pendency; of the suit, the Appellant filed the application under Order 39, Rule 1, CPC praying to issue an ad interim order of Injunction against the Respondent restraining him to proceed with certificate case No. 698 of 1983 and not to realise Rs. 5739.70 from him till disposal of the suit. This application was rejected by the impugned order.

3. Perusal of the imp