ABJUN BIBI Vs. MD. RAFIQUDDIN MOTTA AND ANR.

JUDGEMENT

(1.) This application is at the instance of the Plaintiff and is directed against the order dated November 22, 2010 passed by the learned Additional District Judge, Diamond Harbour, South 24 -Pargans in Misc. Appeal No. 17 of 2010 arising out of Title Suit No. 87 of 2010 pending before the learned Civil Judge (Junior Division), Kakdwip, South 24 -Pargans.

(2.) The short fact is that the Plaintiff/Petitioner herein instituted a suit being Title Suit No. 87 of 2010 for declaration of title, injunction and other relief's against the Defendants / opposite parties herein. In that suit, the Plaintiff filed an application for temporary injunction. That application was moved on June 15, 2010 and the learned Trial Judge issued a notice of show cause upon the opposite parties but refused to grant an ad interim order of injunction. Being aggrieved, the Plaintiff filed a misc. appeal being Misc. Appeal No. 17 of 2010 which was allowed on contest by the impugned order directing the parties to maintain status quo. Being aggrieved by the said order, the Plaintiff has preferred this revisional application.

(3.) Upon hearing the learned Counsel for the parties and on going through the materials on record, I find that the Plaintiff has prayed for declaration of his right, title, interest and possession over the suit property and other relief's. The Defendant is contesting the said suit. While relying the material allegations made in the plaint, the Plaintiff has not only prayed for declaration of his right, title, interest and possession over the suit property, but, at the same time, he has prayed for passing temporary injunction so that the Defendants may not raise any objection or resist the construction to be made by the Plaintiff on the suit land. From the materials filed by the Plaintiff, it appears that the Plaintiff has made out a prima facie case to go for trial but if the temporary injunction as sought for, is granted, the effect will be that the Plaintiff will be permitted to raise construction on the suit land and the Defendants will be debarred from raising any obstruction or resist the construction. If the Plaintiff is allowed to raise the construction, the effect will be the change of the nature and character of the suit property. When a suit of this nature is filed, the object of granting temporary injunction is to keep the property in status quo position till the disposal of the suit.