BALARAM GHOSH Vs. SHARDA DEVI

JUDGEMENT

(1.) This application is at the instance of the defendant and is directed against the Order No.30 dated July 1, 2013 passed by the learned Additional District Judge, 10th Court, Alipore in Misc. Appeal No.11 of 2012 arising out of the Title Suit No.2 of 2012.

(2.) The plaintiffs/opposite parties herein instituted the aforesaid suit before the learned Civil Judge (Junior Division), 2nd Court, Alipore against the petitioner for a decree of declaration that the defendant has no right or authority to invade and/or obstruct and/or interfere with the peaceful user and enjoyment of the suit property through the said driveway/passage without any obstacles or inconveniences of the plaintiffs and/or their family members, a decree for declaration that the defendant and his men have no right to raise the boundary wall from East to West appertaining the suit property or cause any encroachment thereupon and the same ought to be kept open to sky and other consequential reliefs.

(3.) At the time of filing of the said suit, the plaintiffs prayed for temporary injunction along with a prayer for ad interim injunction. The learned Trial Judge refused to grant ad interim order of injunction.