T.S. No.
404 / 2023
Present- Smt. Rinjee Doma Lama (J.O. Code No.WB1040)
CNR: WBSP02-000901-2023
24.03.2023
The record is put up today on the prayer of the plaintiff.
The learned advocate for the plaintiff moves an application under Order XXXIX Rule 1
and 2 CPC praying for an order of injunction against the defendant.
Heard the learned advocate appearing for the plaintiff.
From the report submitted by the Sheristader it appears that no application u/Sec.148A
of the Code of Civil Procedure has been filed in this case. Accordingly, there is no bar to hear the
application of the plaintiffs praying for ad interim injunction in the absence of the defendants.
Issue notice upon the defendant asking him to show cause within seven days from the
date of receipt of the same as to why the prayer for temporary injunction as sought for shall not be
granted.
Perused the plaint and the petition u/o XXXIX Rules 1 and 2 read with Section 151 of
the Code of Civil Procedure and the documents filed along with it.
Considered.
This is a suit for declaration and permanent injunction.
By the application, the plaintiff stated that the plaintiff is a limited liability partnership
firm of Kushal Bharat Group of companies and was previously known as Macmorn Castings Private
Limited. It is the contention of the plaintiff that the plaintiff company became the sole and absolute
owner of the suit property by way of a registered Deed of Conveyance dated 01.12.2016 being no. 8467
for the year 2016 executed in favour of the plaintiff company by the erstwhile owners of the property
who, in turn, became the owners of the suit property by way of inheritance. The plaintiff company has
also mutated its name in the records of B.L.&L.R.O. and the final L.R.R.O.R. stands in its name.
Learned counsel on behalf of the plaintiff further submits that the defendant has no right,
title and interest over the suit property.
It is the allegation of the plaintiff that the defendant and his men and agents are
forcefully trying to stop the construction work of boundary wall which is being carried out by the
plaintiff by applying muscle power and they are also making extortive demands of money amounting to
Rs. 2.5 lakhs to let the plaintiff carry on with their construction work. Furthermore, due to such threat
by the defendant and his henchmen, the labourers have also fled and the construction work is now in
jeopardy. Also, as a result of these misdemeanour, some electric wiring has also been stolen from the
suit property and the safety, security of the overall suit property and the plaintiff along with the
construction workers is at risk.
Therefore, the plaintiff has come up with the instant suit along with a prayer for an order
of temporary injunction against the defendants.
The documents have been scrutinized by me.
Having regard to the respective submission of the learned advocate for the plaintiff and
taking note of the documents filed on his behalf, prima facie it appears to the Court that the plaintiff
company is the sole and absolute owner of the suit property thereof and also the plaintiff is currently in
possession of the same whereas the defendant has no right whatsoever regarding the suit property and
in such circumstances, if the apprehension of the plaintiff is materialized by the action of the defendant
and his henchmen, then very purpose of the suit will be frustrated. In that view of the matter, there is a
strong prima facie case established by the plaintiff to get an order of injunction and if the property is
not protected at this stage, the defendant will be highly encouraged to do the mischief as apprehended
by the plaintiff.
Hence, it is,
ORDERED
that the prayer under the application under Order XXXIX Rule 1 & 2 of the Code of
Civil Procedure as raised by the plaintiff is hereby allowed with an ad interim effect, restraining the
defendant and his men and agents from obstructing, threatening, disturbing and interfering with the
peaceful enjoyment and possession of the plaintiff in the suit property and not to make any
inconvenience, hindrance and obstruction during the construction work of boundary wall which is
being carried out by the plaintiff over the suit property mentioned in the schedule of the plaint as well
as injunction application till 18.04.2023.
The plaintiff is directed to take steps u/o 39 Rule 3(a) and (b) of the Code of Civil
Procedure.
Dictated and corrected by me.
Sd/- Sd/-
Civil Judge (Sr. Divn.) Civil Judge (Sr. Divn.)
7th Court, Alipore 7th Court, Alipore
