HALDIRAM BHUJIAWALA LTD Vs. JETHMAL RAJPUROHIT & ORS

JUDGEMENT

(1.) This first miscellaneous appeal is directed against an order being No.9 dated 19th March, 2016 passed by the learned Judge, XIIth Bench, City Civil Court at Calcutta in Title Suit No. 35259 of 2014 at the instance of the plaintiff/appellant.

(2.) By the impugned order, ad interim mandatory injunction was passed by the learned Trial Judge directing the plaintiff being the Director of Haldiram Bhujiawala Limited to immediately restore the possession of shop No. 09 at the ground floor of Holding No. 7, Jagmohan Mullick Lane, P.S. Posta, Kolkata-7 to the defendant Narayan Rajpurohit. The Officer-in-Charge of Posta Police Station was directed to take legal action against Prabhu Sankar Agarwal for forceful dispossession of the defendant Narayan Rajpurohit from the said shop and to restore possession of the said defendant Narayan Rajpurohit in the said shop forthwith. The plaintiff was directed to file objection against the defendant's application under Section 151 of the Civil Procedure Code positively by 5th May, 2016. Subsequently the date for filing affidavits by the respective parties was extended by the subsequent order passed by the learned Trial Judge on 21st March, 2016 vide order No. 10. The legality of both the orders passed by the learned Trial Judge is under challenge in this first miscellaneous appeal.

(3.) This first miscellaneous appeal was admitted for hearing on 19th April, 2016. After the appeal was admitted, an interim order was passed on an application filed by the appellant being CAN 3192 of 2016 whereby operation of the impugned order dated 19th March, 2016 was stayed until further order. The appellant was, however, restrained from parting with possession of the suit property and/or dealing with the said suit property with any stranger for a period of three weeks from the date of the order with liberty to mention for extension of interim order upon notice to the parties.