PARBOTI ADHIKARY Vs. PRADIP ADHIKARY

JUDGEMENT

(1.) The present appeal is directed against the order dated 9-2-98 passed by the learned trial Court in Title Suit No. 3/98 rejecting the prayer for injunction made by the appellants herein, the plaintiffs in the suit.

(2.) I have heard Mr. S. K. Saha, learned counsel for the appellant and Mr. H. A. Sarkar, learned counsel for the respondents Nos. 1 and 2.

(3.) The present appellants/plaintiffs filed the suit praying for a decree, inter alia, for a declaration that the respondents/defendants have no right, title or interest over the suit land and for a permanent injunction restraining them from raising any construction/building or rebuilding any house thereon. The learned Court below by order dated 3-2-98, while issuing notice to the respondents/defendants to show cause as to why the prayer for ad interim injunction as prayed for in the line of permanent injunction should not be granted, directed that status quo as regards the suit land be maintained. After the respondents/defendants entered appearance in the suit, they filed an application for vacating the said order. After hearing the parties, by the impugned order, the injunction as prayed for was rejected.