ASHOK KUMAR SUREKA Vs. JYOTI SAHA

JUDGEMENT

(1.) THIS Miscellaneous Appeal is directed against the order dated 25.11.95 passed in Title Suit No. 30. 4/95. The plaintiffs of that suit are the appellants before this Court. There was a petition filed by the respondent -defendant no. 4 in the lower court for injuncting the appellants from carrying out any construction work in the disputed house. It was the case of the defendant -applicant no. 4 that she had purchased the suit house from one of the co -owners of the plaintiff Ashok Kumar Sureka and she was living in the same along with her husband. However, the appellants wanted to make construction over the roof of the defendant respondents '; house for which an application for granting injunction was preferred and an order of status quo was passed. However, in spite of that the plaintiff -appellants proceeded to make construction and hence an application for punishing the appellants under order 39 Rule 2A C.P.C. was preferred in which the impugned order was passed.

(2.) IN this appeal both sides were heard.

(3.) I am, therefore, of the opinion that the impugned order does not deserve to be allowed to stand.