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2012 DIGILAW 519 (CAL)

Petitioner v. Respondent

2012-06-15

MURARI PRASAD SHRIVASTAVA, SUBHRO KAMAL MUKHERJEE

body2012
Judgment : 1. This matter is taken up for hearing out of turn upon mentioning of Mr. Pratap Chatterjee, learned senior advocate appearing for the appellant, in view of the urgency pleaded by him. 2. This appeal will be heard. 3. Records need not be called for. 4. Mr. Abhrajit Mitra, learned advocate appears and accepts notice of this appeal on behalf of the respondents. 5. Therefore, formal service of notice of appeal on the respondents is dispensed with. 6. By consent of Mr. Pratap Chatterjee, learned senior advocate appearing for the appellant, and Mr. Abhrajit Mitra, learned advocate appearing for the respondents, the appeal itself is taken up for hearing upon dispensation of all formalities. 7. This is an appeal against an order passed by the learned trial judge granting an ex parte ad interim order of injunction. 8. By the order impugned, the defendant was restrained from using any part of the common areas and the common driveways as described in the ground floor lay out plan and, also, restrained the from using the vacant space and driveways for the purpose of making gain or profit by keeping the cars of the other persons than the unit holders-owners of the said house. 9. The injunction was granted till June 16, 2012. The application for injunction is pending. We feel that the application for injunction must be disposed of expeditiously. 10. However, we feel that the order of injunction passed by the learned trial judge in the form of ad interim injunction requires to be modified. 11. The plaintiffs have purchased one unit each in different floors of building and one garage each in the basement. They are using the units as their offices. 12. We feel that justice will be sub-served if both the sides are restrained from parking their cars in the driveway to obstruct free egress and ingress of the cars of the parties to their respective garages. 13. The plaintiffs-respondents shall be entitled to use their units and the garages purchased by them. The appellant-defendant shall not cause any obstruction to the plaintiffs-respondents in parking their cars in their garages in the basement. 14. The ad interim order of injunction granted by this Court shall continue till the disposal of the application for injunction. 15. 13. The plaintiffs-respondents shall be entitled to use their units and the garages purchased by them. The appellant-defendant shall not cause any obstruction to the plaintiffs-respondents in parking their cars in their garages in the basement. 14. The ad interim order of injunction granted by this Court shall continue till the disposal of the application for injunction. 15. Let written objection to the application for injunction in the trial court be filed by three weeks; reply thereto, if any, by two weeks thereafter. 16. We request the learned trial judge to dispose of the application for injunction as expeditiously as possible preferably before the commencement of the puja vacation in the civil courts for the year 2012. He is authorised not to grant any unnecessary adjournment to either of the parties. 17. However, the learned judge in the trial court shall consider the application for injunction independently and uninfluenced by the order of granting ad-interim injunction inasmuch as the scope to pass an ex parte ad interim order of injunction and scope to consider the prayer for temporary injunction upon exchange of affidavits are different. 18. We express no opinion. 19. The appeal and the connected application are, thus, disposed of. 20. We make no order as to costs.