HINDUJA LEYLAND FINANCE LTD Vs. NAZRUL ISLAM

JUDGEMENT

(1.) The present appeal arises against an order whereby an application, although captioned to be under Sec. 151 of the Code of Civil Procedure but in the nature of mandatory injunction, filed by the plaintiff/appellant, has been allowed by the learned Trial Judge.

(2.) The plaintiff/appellant filed a suit from which the appeal arises, for declaration that the plaintiff is entitled to ply a vehicle bearing no. WB53C7055 peacefully without any disturbance and/or interference by the defendant and inter alia seeking injunction protecting such possession of the plaintiff with regard to the vehicle.

(3.) By an ad interim order dated June 3, 2025, the learned Trial Judge had granted injunction restraining the defendant/respondent and/or his men and agent from seizing and/or taking forceful possession of the said vehicle from the possession of the plaintiff without due process of law.