KRISHNA SHARMA Vs. MAYA MUKHERJEE

JUDGEMENT

(1.) The petitioner before this Court is a plaintiff in a suit for declaration and permanent injunction and is aggrieved by order dtd. 15/12/2021 passed by the Learned Civil Judge (Junior Division) 5th Court at Howrah in Title Suit No. 689 of 2020 of not allowing part of the prayer made in an application under Order 39 Rule 7 and 8 read with Sec. 151 of the Code of Civil Procedure.

(2.) The petitioner along with the suit has filed an application under Order 39 Rule 1 and 2 read with Sec. 151 of the Code of Civil Procedure 1908. The Learned Trial Court upon considering the said application was pleased to pass an ad-interim order of injunction only to the extent of restraining the opposite party Nos. 1, 2, 2(A) to (D) their men and agents from making any construction over the 'C' Schedule common methor passage without due process of law until 5/10/2020.

(3.) The petitioner being aggrieved by the Order dtd. 5/9/2020 passed by the Learned Trial Court in not granting an ad-interim order of injunction in respect of the 'B' schedule property, filed an appeal being Misc Appeal No-53 of 2020 in the Court of Learned District Judge at Howrah.