1984 (3) TMI 39

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..... nal District Judge, Fourth Court, Alipore, dated January 26, 1983, dismissing and vacating the order passed in the miscellaneous appeal on July 21, 1982, for preservation of the status quo. The plaintiff instituted the suit on June 17, 1982, for a declaration that the auction sale held on March 21, 1980, and confirmed on May 6, 1980, in Money Execution Case No. 2 of 1978, in the Court of the Firs .....

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..... ndant No. 2 in the Court of the learned Second Munsif, Alipore, being Title Suit No. 513 of 1981. The plaintiff filed an application for temporary injunction. The learned munsif by order dated June 17, 1982, issued a notice upon the defendants to show cause why the prayer should not be granted. He, however, refused the plaintiff's prayer for ad interim injunction. Being aggrieved, the plaintiff p .....

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..... nst the petitioner had been initiated prior to the auction sale and, as such, in view of r. 16 of Sch. II to the I.T. Act, 1961, the civil court had no jurisdiction to issue any process against the suit property in execution of a decree for payment of money. The auction sale was thus void and as such the plaintiff's right to the property remained intact and he was entitled to retain possession of .....

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..... ed by the learned advocate that the learned judge was justified in rejecting the prayer for ad interim injunction and vacating the order for maintenance of status quo. He has argued that this court should not in revision interfere with the said order. After hearing the learned, advocates, I am of the opinion that the learned judge has acted with material irregularity in not considering all the re .....

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..... connection it may be stated that I have expressed no opinion regarding the respective merits of the case of the parties and the learned munsif will be at liberty to hear the application for temporary injunction without being influenced in any way by any observation that might have been made in this judgment. The only limitation, however, will be that the status quo of the property should be maint .....

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