Dipankar Datta, J. - (1.) A suit for declaration, partition and permanent injunction instituted by the petitioner against the opposite parties has given rise to Title Suit No.12 of 2007. It is pending on the file of the learned Civil Judge (Senior Division), 8th Court at Alipore, South 24 Parganas. The suit is being contested by the opposite parties by filing written statement.
(2.) The petitioner had filed an application under Order 39, Rule 1 of the Civil Procedure Code (hereafter the Code) read with Section 151 thereof. By an order dated March 20, 2007, the trial Court granted ad-interim 2 injunction. It held that the plaintiff had right to use and occupy the suit property being one of the co-sharers without any interference and that the defendants were restrained from disturbing him to use and occupy the suit property.
(3.) The said application was ultimately disposed of on contest by an order dated May 27, 2009. The trial Court restrained the defendants, their men and agents by way of "temporary injunction from obstructing or interfering into the free access of the plaintiff or his men and agents to egress and ingress to the suit schedule property in any manner till disposal of the suit". The ad-interim order of injunction dated March 20, 2007, was accordingly modified and made absolute.;