SYED ABDUL RUB Vs. RASHIDA KHATOON

JUDGEMENT

(1.) THIS application is directed against the order dated January 9, 2008 passed by the learned Additional District Judge, Fast Track Court-III, Sealdah in Misc. Appeal No.11 of 2005 thereby modifying the order of temporary injunction passed by the learned Trial Judge in Title Suit No.214 of 2004. The short case is that the plaintiffs / petitioners herein instituted a suit being Title Suit No.214 of 2004 for declaration, permanent injunction and other reliefs against the opposite parties before the learned Civil Judge (Junior Division), 2nd Court, Sealdah. In that suit, the petitioners filed an application for temporary injunction restraining the opposite parties from transferring, alienating and/or disposing of the suit property and from obstructing their free ingress to and egress from the suit property till the disposal of the aforesaid suit. The opposite parties are contesting the said suit. The learned Trial Judge granted the prayer for temporary injunction as prayed for. Being aggrieved by the said order of temporary injunction, the defendant / opposite party no.1 filed an appeal and the said appeal being Misc. Appeal No.11 of 2005 was allowed in part modifying the reliefs granted by the learned Trial Judge. Being aggrieved, this application has been preferred.

(2.) NOW, the question is whether the impugned order should be sustained.

(3.) ON the other hand, the defendants contended that there were two shop rooms, one was being possessed by Syed Abdul Haque at 35/1, A.J.C. Bose Road. It may be noted that the plaintiffs are the heirs of Syed Abdul Haque and the business at 35/1, A.J.C. Bose Road is being run by the plaintiffs, that is, heirs of Syed Abdul Haque and the business at 1/A, Convent Road is being run by Syed Abdul Subhan and after his death, defendants are running the said business exclusively. The defendants are the heirs of Syed Abdul Subhan. Admittedly, Syed Abdul Haque died in 2001 and Abdul Subhan died in 2004 and the dispute between the parties cropped up in 2004, that is, after death of Abdul Subhan. The plaintiffs have not been able to file any scrap of paper or any convincing document in support of their claim that they possess the business at 1/A, Convent Road jointly with the defendants. Their paper with regard to such claim is only the paper of the M.P. case under Section 144 of the Cr.P.C. and the present plaint supported by affidavit.