DIPTA GANGULY Vs. ROOPAK BHATTARCHARJEE

JUDGEMENT

(1.) Pleadings in the applications are complete. In the application being IA 12612/2013 filed by the plaintiff, an interim order was passed on 12.8.2013 to the effect that all the parties are restrained from creating any third party interest in the suit property. The defendant No. 3 has filed aforementioned applications, one being under Order 39 Rule 4, CPC for vacation of the aforesaid interim order and the second being, under Order 7 Rule 11, CPC for rejection of the plaint, alleging the same to be devoid of cause of action, and not maintainable as per the law.

(2.) The arguments have been heard on all the three applications together.

(3.) The plaintiff has filed this suit for declaration, possession, partition, permanent and mandatory injunction against the defendants. The defendant No. 1 is her brother, defendant No. 2 his brother's wife and defendant 3 is the purchaser of second floor of the suit premises from defendant Nos. 1 and 2.