D G INDUSTRIES PVT LTD Vs. TANMOY BANERJEE

JUDGEMENT

(1.) THIS application is at the instance of the defendant/respondent and is directed against the order dated August 20, 2010 passed by the learned Additional District Judge, Fifteenth Court, Alipore in Misc. Appeal No.43 of 2010 arising out of the Title Suit No.5 of 2010.

(2.) THE plaintiff/opposite party filed a title suit being Title Suit No.5 of 2010 for partition and other reliefs and in that suit, the plaintiff filed an application for temporary injunction.

(3.) ON the other hand, Mr. S. P. Roychowdhury, learned senior Advocate appearing on behalf of the opposite party, submits that suit is for partition and at the time of filing of the suit, the plaintiff prayed for ad interim injunction in consideration of the situation. He contends that at the time of consideration of ad interim injunction, the Court is to see whether there is a prima facie case to go for trial and if triable issue has been raised by the plaintiff. He has also submitted that at the time of granting an ad interim injunction, the court should see whether the situation demands for consideration of such prayer as made out in the body of the plaint. He contends that the learned Trial Judge failed to exercise his jurisdiction and he has wrongly decided that the relief of ad interim injunction should not be granted because the defendant is a juristic person. Such observation has been rightly rejected by the learned lower appellate court. The object of granting the injunction is to keep the property in status quo till the final disposal of the suit. In support of his contention Mr. Roychowdhury has referred to the decisions of AIR 1988 Cal 25, (2004) 8 SCC 488, 2000 (2) CHN 856 and AIR 1983 SC 742. By referring to the said decisions, Mr. S. P. Roychowdhury has submitted that the learned lower appellate Court has rightly passed the order of status quo.