Sovan De v. Bengal Ambuja Housing Development Limited
2016-11-08
ISHAN CHANDRA DAS, JYOTIRMAY BHATTACHARYA
body2016
DigiLaw.ai
Jyotirmay Bhattacharya, J. 1. This first miscellaneous appeal is directed against an order dated 23rd September, 2016 passed by the learned Civil Judge (Senior Division), 5th Court at Alipore, 24-Parganas (South) in Title Suit No. 205 of 2016. By the impugned order, the following ad interim order of injunction was passed by the learned Trial Court :- “Hence it is ORDERED “that if the plaintiff/petitioners are entitled to in terms of the deed of conveyance to have an access for free ingress and egress through the main gate of the club the defendant/opposite parties are hereby restrained from preventing them from having an access through the club main gate towards their respective residential flats and in the meantime the defendant/opposite parties are also restrained from filing Form no. 1 and/or other Returns till 22.11.16.” The plaintiffs felt aggrieved. Hence the plaintiffs filed the instant first miscellaneous appeal. This appeal was admitted for hearing on 29th September, 2016. After this appeal was admitted for hearing, the following ad interim order was passed :- “Status quo as on today as regards management of the common services and rendering common services and facilities by the promoter, namely, the defendant no.1 to the plaintiffs will be maintained till 8th November, 2016 or until further order whichever is earlier.” 2. When we are considering the appellants’ prayer for extension of the said interim order, we are invited by the learned counsel appearing for the parties for disposal of the appeal itself on merit by dispensing with the requirement of filing paper book in this appeal. We are informed by the learned counsel appearing for the parties that all relevant papers which are necessary for disposal of this appeal are filed along with the interlocutory application. As such, we have decided to dispose of the appeal itself on the papers available before us by dispensing with the requirement of filing paper book in this appeal. 3. The instant appeal is directed against an ad interim order of injunction. Parties have not yet exchanged their affidavits in connection with the plaintiffs’ application for temporary injunction. The plaintiffs have claimed several interlocutory orders in the said application for injunction which, in our view, is required to be considered by the court after exchange of affidavits between the parties. 4.
Parties have not yet exchanged their affidavits in connection with the plaintiffs’ application for temporary injunction. The plaintiffs have claimed several interlocutory orders in the said application for injunction which, in our view, is required to be considered by the court after exchange of affidavits between the parties. 4. Since all the parties have already entered appearance in the said suit before the learned Trial Court and they have already been served with the notice relating to the plaintiffs’ application for temporary injunction, we direct the defendants/respondents to file affidavit-in-opposition to the plaintiffs’ application for temporary injunction within three weeks from date; reply, if any, be filed by the plaintiffs/appellants within one week after reopening of the court after the ensuing Xmas Vacation. 5. We request the learned Trial Judge to make all endeavour to dispose of the plaintiffs’ application for temporary injunction by the end of January 2017. 6. Interim order which was passed earlier at the time of admitting the appeal on 29th September, 2016 and the impugned order which was passed by the learned Trial Judge will continue till the disposal of the plaintiffs’ application for temporary injunction. 7. It is made clear that the learned Trial Judge, while disposing of the plaintiffs’ application for temporary injunction, will not be influenced by the interim arrangement which is made by this Court hereinabove. The learned Trial Judge is, thus, free to decide the plaintiffs’ application for temporary injunction on its own merit and according to his own wisdom without being influenced by any of the observations made by this Court hereinabove. 8. Both the appeal and the application filed in connection therewith are, thus, disposed of. 9. Urgent photostat certified copy of this order, if applied for, be given to the parties as expeditiously as possible.