BHAKTI HARI NAYAK Vs. VIDYAWATI GUPTA

JUDGEMENT

(1.) This appeal has been filed from an order dated 2nd April, 2004 passed by the learned Judge of the First Court whereby the learned Judge disposed of all the three interlocutory applications being G.A. No. 4512 of 2002 dated 25th July, 2002, G.A.. No. 3462 of 2002 dated 28th August, 2002 and G.A. No. 4513 of 2002 dated 8th October, 2002. While disposing of those applications, the learned Judge ultimately directed the respondents to restore the condition of plaintiffs' roof-top cooling towers and the western side ground floor of the suit premises as was existing on the date of institution of the suit within three weeks from date. The defendants were also restrained from interfering, in any manner, with the plaintiffs' properties in. the suit premises including the properties, conditions whereof were directed to be restored in terms of the injunction order. The learned Judge also directed that the said interim order shall remain in force till the disposal of the suit.

(2.) The dispute arose between the parties in respect of the various portions of the multi-storeyed building situated at 33, Jawaharlal Nehru Road, Calcutta - 71.

(3.) Before this Court the matter was initially argued on merits by the learned Counsel for the appellants and on the second day of argument the learned Counsel for the appellants raised a preliminary objection on the valid institution of the suit in view of the amended provision of Civil Procedure Code (hereinafter referred to as Code). The learned Counsel submitted that the Court may decide that question as the same goes to the root of the matter.