JUDGMENT : Jyotirmay Bhattacharya, J. 1. This instant first Miscellaneous Appeal is directed against an order being No. 2 dated 27th June, 2016 passed by the Learned Civil Judge (Senior Division), 3rd Court, Alipore in Title Suit No. 2419 of 2016 at the instance of the defendant no. 1/appellant. 2. By the impugned order, the plaintiffs as well as the defendant nos. 1, 42 and 43 are restrained from changing the nature and character of the suit property and from raising any construction thereon till the disposal of the plaintiffs’ application for temporary injunction. 3. We are informed by Mr. Banerjee, learned advocate appearing for the appellant that his client has already filed objection to the plaintiffs' application for temporary injunction alleging therein that the plaintiffs have no title in the suit property. In our view, such defence can be raised by the defendant/appellant before the learned Trial Court at the time of hearing the plaintiffs' application for temporary injunction. 4. However, considering the fact that such an interim order of injunction was passed in a suit for partition, we think that justice will be sub-served if instead of interfering with such an impugned order, we dispose of the appeal itself by making a request to the learned Trial Court to dispose of the plaintiffs’ application for temporary injunction within a time bound period. 5. Accordingly, we dispose of the appeal by requesting the learned Trial Judge to make all endeavour to dispose of the plaintiffs' application for temporary injunction positively by the end of January, 2017 without giving any unnecessary adjournment to any of the parties. 6. This direction we passed by keeping in mind the statutory limitation within which the application for temporary injunction is required to be disposed of as incorporated under Order 39 Rule 3(A) of the Code of Civil Procedure. 7. Both the appeal and the application are thus, disposed of.