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2016 DIGILAW 72 (CAL)

Pearl Tree Agencies Pvt. Ltd. v. Raju Devi Sarawgi

2016-01-20

JYOTIRMAY BHATTACHARYA, SHIB SADHAN SADHU

body2016
JUDGMENT : Jyotirmay Bhattacharya, J. 1. This first miscellaneous appeal is directed against an order dated 1st October, 2015 passed by the Learned Civil Judge, Senior Division, Purulia in Title Suit No. 236 of 2014 at the instance of the added defendants/appellants. 2. By the impugned order, an ad interim order of injunction was passed on the plaintiffs’ application and thereby the added defendant nos. 21 to 23 were restrained from creating disturbance upon the possession of the plaintiffs over the suit property till 18th November, 2015. 3. The legality of the said order is under challenge in this appeal before this Court. 4. Considering the fact that both the plaintiffs and the defendants are now before us, we feel that justice will be sub-served if we dispose of this appeal without discussing the merits of the plaintiffs’ application for injunction in details, as if we discuss the merit of the plaintiffs’ application in details and decide the appeal in either way, our decision will ultimately influence the learned Trial Judge in deciding the plaintiffs’ application for temporary injunction. 5. As such, we have decided to dispose of this appeal by directing the parties to maintain status quo as regards possession of the parties in the suit property as on today till the disposal of the plaintiffs’ application for temporary injunction. 6. We thus, dispose of this appeal by directing the parties to maintain status quo as regards their possession in the suit property as on today, till the disposal of the plaintiffs’ application for temporary injunction. 7. Leave is granted to the added defendants/appellants to file objection to the plaintiffs’ application for temporary injunction within two weeks from date, counter objection, if any, be filed by the plaintiffs/respondents within a week thereafter. 8. We request the learned Trial Judge to dispose of the plaintiffs’ application for temporary injunction preferably by 31st March, 2016. 9. It is made clear that the learned Trial Judge is absolutely free to decide the plaintiff's application for temporary injunction on its own merit and according to his own wisdom without being influenced by interim order which is passed herein above. 10. The impugned order is thus, set aside. 11. Since we have disposed of the appeal itself, we decline to entertain the appellants’ application for local inspection. The said application is deemed to be disposed of. 12. 10. The impugned order is thus, set aside. 11. Since we have disposed of the appeal itself, we decline to entertain the appellants’ application for local inspection. The said application is deemed to be disposed of. 12. It is made clear that if any of the parties so chooses, he may apply for local inspection in the Court below. 13. Urgent Photostat certified copy of this order, if applied for, be supplied to the Learned advocate for the appellant immediately.