BIMAN CHAKRABORTY Vs. HOWRAH SHREE RAMKRISHNA SANGHA

JUDGEMENT

(1.) 1. This application is at the instance of the plaintiffs/appellants and is directed against the Order dated December 20, 2010 passed by the learned Civil Judge (Senior Division), 1st Court, Howrah in Misc. Appeal No.s 211 and 212 of 2008 thereby reversing the order dated November 17, 2008 passed by the learned Trial Judge in Title Suit No.129 of 2008.

(2.) THE petitioners as plaintiffs instituted a suit for a decree of declaration that the plaintiffs are the owners and occupiers of 'A' schedule property and 'B' schedule property which is a part of 'A' schedule property, a decree of further declaration that the Registered Deed in favour of the defendant No.s 1 and 2 executed by other private defendants/respondents herein, is not binding upon the plaintiffs, perpetual injunction and other reliefs.

(3.) IT may be mentioned herein that the 'B' schedule property is a strip of land measuring 38' x 4' and the plaintiffs have contended that this strip of land is within the land described in 'A' schedule property whereas defendants have claimed that this property is within the 'C' schedule property as described in the schedule to the plaint. Now, the object of granting injunction is to keep the property in status quo till the disposal of the suit or at least till the disposal of the application for temporary injunction. At the risk of repetition, I may note that the ground of rejection of the order of status quo as passed by the Lower Appellate Court cannot be supported. Since a rival claim is there, a triable issue appears to have been formed and there is a prima facie case to go for trial over the matter in dispute. If injunction is not granted, if the order of status quo as granted previously is not maintained, the plaintiffs may suffer irreparable loss. Moreover the petitioner was enjoying the order of status quo before the learned Trial Judge.