PARIMAL DEY Vs. ANITA AGARWAL

JUDGEMENT

(1.) These three applications are at the instance of the plaintiff/respondent no.1 and is directed against the Order No.11 dated October 1, 2013 passed by the learned Additional District Judge, 13th Court, Alipore in Misc. Appeal Nos.396, 398 & 397 of 2013 thereby granting the order of stay of the Order Nos.60, 57 & 58 dated July 9, 2013 passed by the learned Civil Judge (Senior Division), Baruipur in Title Suit Nos.127, 139 & 118 of 2011 respectively.

(2.) The plaintiff/respondent no.1/petitioner herein filed the aforesaid suits praying for a decree for partition of the suit property in the preliminary form declaring plaintiff's 1/14th share in the suit property described in the Schedule 'A' to the plaint and other consequential reliefs. At the time of filing of the said suits, he filed an application for temporary injunction and prayed for ad interim injunction. The learned Trial Judge granted an ad interim order of injunction and then upon hearing both the sides over the applications for temporary injunction, he directed the plaintiff and the defendant nos.1 to 7 to maintain status quo with regard to the nature, character and possession of the suit property till the disposal of the suit.

(3.) Being aggrieved by such orders, the defendants preferred the aforesaid three misc. appeals and they prayed for stay of the order of status quo. Upon consideration of the submission of the learned Advocates of both the sides and on perusal of the materials on record, the learned First Appellate Court granted stay of the impugned order for a limited period. Being aggrieved, these three applications have been preferred.