BELGHARIA BURASHIBTALA DEBAYATAN SANGRAKSHAN SAMITY Vs. KAMARHATI MUNICIPALITY

JUDGEMENT

(1.) This application is at the instance of the plaintiffs / appellants and is directed against the judgment & order dated May 7, 2013 passed by the learned Additional District Judge, 3rd Court, Barrackpore in Misc. Appeal No.48 of 2013 thereby refusing to interfere with Order No.1 dated March 20, 2013 passed by the learned Civil Judge, (Junior Division), 4th Court at Sealdah in Title Suit No.90 of 2013.

(2.) The petitioners filed suit for declaration, mandatory injunction and other reliefs against the defendant nos.1, 2 & 3 and other consequential reliefs against the defendants. In that suit they filed an application for temporary injunction and also moved for ad interim injunction. While dealing with the matter, the learned Trial Judge asked the defendants to file a written objection, but, did not grant any ad interim injunction. Being aggrieved, the plaintiffs preferred an appeal being Misc. Appeal No.48 of 2013 which was disposed of by the impugned order holding that, the misc. appeal is dismissed on contests against the defendant nos. 10 & 11 without any costs. He directed the learned Trial Judge to dispose of the application for temporary injunction in accordance with law. Being aggrieved by such judgment and decree, this application has been preferred.

(3.) Now, the question is whether the impugned order should be sustained.