SHAIKH ALI HOSSAIN Vs. SH SHOWKAT ALI

JUDGEMENT

(1.) Leave granted.

(2.) This appeal is directed against the judgment and order dated 18th May, 2005 passed by a learned Judge of the High Court at Calcutta in C.O. No.3868 of 2004. By the impugned order, the learned Judge, in the exercise of his supervisory power under Article 227 of the Constitution, had set aside the concurrent orders of the courts below which had rejected the application for injunction filed by the plaintiffs-respondents and directed the parties to maintain status quo with regard to the suit properties which have been fully described in Schedules 'A' and 'B' to the plaint as follows:

(3.) The respondents as plaintiffs instituted the suit in the First Court of the Civil Judge, Junior Division, Alipore, South 24 Parganas, West Bengal against the appellants, inter alia, praying for a decree for declaration that the appellants had no right, title and interest in the suit properties and for permanent injunction. In the aforesaid suit, the respondents filed an application for injunction restraining the defendants/appellants from disturbing, alienating, dealing, encroaching and/or interfering with the possession of the respondents in respect of the suit properties (in short "the application for injunction") in which it was, inter alia, alleged that in view of an earlier order of this Court in SLP [C] No.4263-65 of 1992, the respondents were entitled to an order of injunction as prayed for. Both the courts below on the interpretation of the order of this court rejected the application for injunction of the respondents. Feeling aggrieved, the respondents moved an application before the High Court under Article 227 of the Constitution which was allowed by the impugned order. By the impugned order, the High Court had set aside the concurrent orders of the courts below rejecting the application for injunction and directed the parties to maintain status quo in respect of the suit properties till the disposal of the suit. Aggrieved by this order, the instant special leave petition has been filed in respect of which leave has already been granted.