GOLAK DHALI Vs. SARASWATI SEAL (DHALI)

JUDGEMENT

(1.) THESE four applications are disposed of by this common judgment and order as they involve over the same matter in issue. For the sake of convenience, the C.O. No.1493 of 2012 is taken up for decision first. This application is at the instance of the respondent no.8 and is directed against the Order No.2 dated March 5, 2012 and Order No.7 dated April 5, 2012 passed by the learned District Judge-in-charge, South 24 Parganas in Misc. Appeal No.111 of 2012 thereby granting an order of status quo upon both the parties in respect of the suit property and extending the said order of interim order from time to time.

(2.) THE petitioner is a developer and is developing the suit property as described in the schedule of the plaint on the basis of the registered Powers of Attorney. THE petitioner has contended that one, Pyari Mohan Dhali, since deceased, was the owner of the land in suit along with dilapidated structure thereon and he died in 1967 leaving his wife, four sons and two daughters as legal heirs as described in paragraph no.3 of the application at page no.5.

(3.) IN that suit, they prayed for temporary injunction and while the application was moved for interim order, their prayer for ad interim injunction was rejected, but, show cause notice was issued upon the defendants by the concerned Trial Judge. Being aggrieved, the plaintiffs preferred an appeal being Misc. Appeal No.111 of 2012 before the learned District Judge, Alipore and in that misc. appeal, by the order dated March 5, 2012, the learned District Judge-in-charge directed the parties to maintain status quo in respect of the suit property till April 5, 2012 and the said order was extended subsequently. Being aggrieved by such orders, this application has been filed by the respondent-developer. Now, the question is whether the learned District Judge is justified in granting ad interim order of injunction as noted above.