SALARPURIA SATTVA REALTY LLP Vs. PROSANTA MONDAL

JUDGEMENT

(1.) This is an application filed by the developer in respect of the 14 Bighas, 5 Kattahas of land with structure and fixtures including boundary walls situated at Holding No.129, Dihi-55 Tangra No.2833 being the A Schedule property.

(2.) The opposite parties nos. 1 to 38 filed a suit before the leaned Civil Judge, Junior Division, 1st Court at Alipore, District 24 Parganas (South) which was registered as Title Suit No.1486 of 2019. The other opposite parties nos. 39 to 46 are proforma opposite parties. They are the owners of the property who have entered into an agreement with the petitioner. The petitioner was not made a party in Title Suit No.1486 of 2019. The opposite parties nos. 1 to 38 are represented. Service of the notice upon the opposite party nos. 39 to 46 is dispensed with, as they are proforma opposite parties in this revisional application.

(3.) In this application, the petitioner has prayed for leave to challenge the order dated September 30, 2019 passed by the learned District Judge at Alipore, District 24 Parganas (South). By the order impugned, the learned District Judge granted an order of status quo with regard to the possession with respect to the suit property. It is alleged that the original defendants who are the owners are not interested as they are not affected by this order, inasmuch as, it is the developer who has made substantial construction and investment on the property and the petitioner/developers will suffer irreparable loss and injury, if such ex parte ad-interim order was allowed to continue, inasmuch as, the developer was running against time to complete the building as per the agreement entered into with the third parties as also with the owners of the property. As such leave as prayed for is allowed.