SANKAR DUTTA Vs. UTTAM HOWLADAR & ORS.

JUDGEMENT

(1.) Instead of hearing the stay application, by consent of the parties the appeal is taken up for hearing treating the same as on day's list and the same is disposed of in the following manner:

(2.) This appeal is directed against an order dated 14th December, 2011 passed by the learned Civil Judge(Senior Division) 1st Court, Krishnagar, Nadia , in Title Suit No.84 of 2011 whereby the learned Judge was pleased to direct to maintain status quo over the suit property till the disposal of the suit and further directed the defendant nos.1 to 3 restraining them from making any construction over the suit property till the disposal of the suit by way of temporary order of injunction.

(3.) The facts revealed in this case that a suit was filed between the parties inter alia claming for partition in respect of their shares in the suit property. The suit property being plot No.4207/5671 having an area of 0.5 acres. In the suit property an injunction application was filed by the plaintiff/opposite party no.1. The plaintiff/opposite party no.1 in the said application prayed for an order of ad interim injunction restraining the defendant nos.1 to 3 not to construct pucca building over the "A" schedule property and not to change the nature and character of the suit property by starting business over the suit property and also not to disturb the peaceful possession of the plaintiff/opposite party no.1 by constructing room or starting business over the suit property till disposal of the suit.