RESCUWEAR INDIA PRIVATE LTD. Vs. SYED MUZIBUR RAHMAN

JUDGEMENT

(1.) THIS matter appears at the 'Motion' stage and is assigned to this Bench. Accordingly the same is taken up for hearing by this Bench.

(2.) SRI Banerjee submits that his client is the recorded owner of the suit premises bearing the municipality no.38A Pulin Khatik road, P.S. - Tangra, Kol -700015 comprising more or less about 47 cottahs of land alongwith structures (for short the suit premises). He further submits that the suit premises were purchased by his client pursuant to a Court auction sale. After such purchase the possession of the suit premises was handed over in favour of his client by the Court appointed bailiff along with the possession certificate.

(3.) SRI Banerjee points out that the Learned Trial Court by Order no.3 dated 11th September, 2012 has restrained his client from interfering in the suit property and directed the other defendants to ensure that status quo in respect of the suit property is maintained. He further points out that such ad -interim order, although initially passed ex parte has been extended from time to time in the teeth of the pendency of an application filed by his client as defendant under Order 39 Rule 4 praying for vacating the said ad -interim order.