EAST COAST FISHERIES PVT LTD Vs. MANJURI BHATTACHARYA

JUDGEMENT

(1.) In this application under Article 227 of the Constitution of India the impugned judgment and order dated 26th September, 2011 passed by the Ld. 9th Additional District Court at Alipore in Misc. Appeal No. 366 of 2002 is under challenge. The said Misc. Appeal was preferred against order no. 63 dated 22nd July, 2002 passed by the Ld. 3rd Civil Court (Junior Division) at Alipore in an application for injunction filed by the plaintiff in connection with Title Suit No. 368 of 1996. The plaintiff is the petitioner before this Court in CO 3656 of 2011 and the opposite parties (for short OPs) are the defendants. By the said order dated 22nd July, 2002 the Ld. Trial Court, inter alia, held as follows:-

(2.) The order of status quo being carried in appeal by the present OP nos. 1 & 2 as appellants and arraying the plaintiff No. 1 as a respondent, the Ld. Appellate Court took note of the contention of the defendants that taking advantage of the order of status quo the plaintiff has totally blocked the gate of the passage marked as schedule 'C' and using the total passage space from the side of the plaintiff and preventing the defendants, their men and agents from using the said passage at all in common. Further noticing that both the parties to the suit are claiming easement rights over the said disputed passage the Ld. Appellate Court upon consideration of the claim of the plaintiff, as contended at paragraphs 22 & 23 of its application for injunction in the suit, thought it fit to modify the order of status quo passed by the Ld. Trial Court by holding as follows:-

(3.) Principally aggrieved by such direction of the Ld. Appellate Court the plaintiff has approached this Court by way of the present Civil Revisional Application.