DILIP ALIAS PRAMANIK DAS Vs. ALOK BARMAN

JUDGEMENT

(1.) THIS first miscellaneous appeal is at the instance of the defendants in a suit for declaration and permanent injunction and is directed against the Order no. 12 dated 20th March, 2008 passed by the learned Civil Judge, Senior Division, second Court, Alipore, in Title Suit No. 497 of 2008 thereby disposing of an application under Order XXXIX Rule 2 of the Code of Civil Procedure by restraining the appellants from obstructing, interfering, or disturbing the peaceful progress of construction work of the proposed multi-storied building on the suit property till the disposal of the suit.

(2.) BEING dissatisfied, the defendants have come up with the present First miscellaneous Appeal.

(3.) THE plaintiff-respondent filed a suit being Title Suit No. 46 of 2008 in the seventh Court of Civil Judge, Senior Division, Alipore, which has since been transferred to the Second Court of Civil Judge, Senior Division and has been renumbered as Title Suit No. 497 of 2008.