ROSEWOOD REAL ESTATE PRIVATE LIMITED Vs. SARAMJAN BIBI

JUDGEMENT

(1.) Leave is granted to the learned Advocate-on-record of FMAT 306 of 2023 to implead the left out party as respondent here and now in the Memorandum of Appeal.

(2.) Both the appeals are taken up together for the sake of gravity and to avoid the repetition of facts as the aforesaid appeals have been filed assailing identical order no. 11 dated June 23, 2023 passed in Title Suit No. 474 of 2023 by the Learned Civil Judge (Senior Division), First Court, Barasat by which an application for temporary injunction was disposed on contest.

(3.) By the impugned order both the plaintiff and the defendant numbers 16 to 67 of the said suit are directed to maintain status quo in respect of their respective possession of the suit property till the disposal of the suit. The plaintiff of the said suit has filed FMAT 294 of 2023 on a limited score that the Trial Court ought to have passed an order restraining the aforesaid defendants from continuing with the construction or making any construction over and above the suit property; on the other hand, the defendant no. 67 filed an appeal being FMAT 306 of 2023 assailing the said order on a premise that there was no case made out for passing a temporary injunction even in the form of status quo with regard to the respective possession of the parties in respect of the suit premises and the Trial Court ought to have dismissed the application for temporary injunction.