SAROJ KUMAR KARMAKAR Vs. SANJIB KOLEY AND ORS.

JUDGEMENT

(1.) This application is at the instance of the plaintiff and is directed against the order dated April 9, 2010 passed by the learned Additional District Judge, Third Court, Howrah in Misc. Appeal No. 19 of 2007 thereby affirming the order of injunction passed by the learned Trial Judge by order No. 90 dated December 22, 2006 passed by the learned Civil Judge (Junior Division), First Court, Howrah in Title Suit No. 97 of 2006.

(2.) The plaintiff filed the suit for declaration and injunction praying for a decree of declaration that the plaintiff is a co -sharer in joint possession of the scheduled property and that the defendant Nos. 1 to 4 are strangers and they have no right to construct any building in respect of the property, as described in the schedule of the plaint, without effecting partition with the plaintiff, for permanent injunction restraining the defendant, their men, agents and servants and illegal construction of the building and other prayers. In that suit, the plaintiff filed an application for temporary injunction and they prayed for ad interim injunction. The order of ad interim injunction was extended from time to time. But upon hearing both the sides, the learned Trial Judge has dismissed the application under Order 39 Rule 1 & 2 of the Code of Civil Procedure on contest. Being aggrieved by the said order of dismissal of the petition for temporary injunction, the plaintiff preferred a misc. appeal which was also dismissed on contest by the order impugned. Being aggrieved, the plaintiff has filed this application.

(3.) Upon hearing the learned Counsel for the parties and on going through the materials on record, I find that the plaintiff actually did not file any suit for partition but his prayer is to the effect that the defendant Nos. 1 to 4 are strangers and they have no right to construct any building in respect of the suit property without effecting partition with the plaintiff and for other reliefs.