Mr. Kishore Mukherjee Mr. Ahitagni Dey …for the petitioner This application under Article 227 of the Constitution of India is at the instance of the plaintiff and is directed against an order being No.3 dated July 5, 2024 passed by the learned Additional District Judge, 2nd Court, Barasat, District-North 24-Parganas in Miscellaneous Appeal No.84 of 2024.

The petitioner filed a suit for declaration of title and permanent injunction. In such a suit the petitioner filed an application under Order 39 Rule 1 and 2 of the Code of Civil Procedure and the learned trial judge by an order dated June 28, 2024 rejected the ad interim prayer for injunction.

Being aggrieved, the petitioner preferred a miscellaneous appeal being Miscellaneous Appeal No.84 of 2024 and prayed for an ad interim order of injunction. The learned Additional District Judge, 2nd Court, Barasat, District-North 24-Parganas by an order dated July 5, 2024 refused to pass an ad interim order of injunction.

This matter is pending before this Court since July, 2024.

However, considering the fact that the learned trial judge and the learned judge of the First Appellate Court refused to pass an ad interim order of injunction, this