Prasenjit Mandal, J. - (1.) THIS application is at the instance of the plaintiff and is directed against the judgment and order dated July 26, 2011 passed by the learned Additional District Judge, 15th Court, Alipore in Misc. Appeal No.198 of 2011 thereby reversing the order dated April 21, 2011 passed by the learned Civil Judge (Junior Division), 5th Court, Alipore in Title Suit No.1165 of 2011.
(2.) THE short fact is that the plaintiff / petitioner herein instituted a suit being Title Suit No.1165 of 2011 against the opposite parties for declaration of their right, title and interest in respect of the suit property as described in Schedule A to the plaint, injunction and other reliefs before the learned Civil Judge (Junior Division), 5th Court, Alipore. THE opposite parties are contesting the said suit. At the time of filing of the suit, the plaintiff filed an application for temporary injunction contending that the suit property as described in Schedule A to the plaint is his property under plot no.1049 of Mouza Sarsuna and the defendant no.1 was the erstwhile owner of the adjacent plot no.1048 of the said Mouza Sarsuna and that the entire plot no.1048 was acquired by the State of West Bengal and the possession of the same was taken more than 30 years ago. For that reason, the defendant no.1 has no right, title and interest over the said plot. To the South and West of the suit property, there is a passage for ingress to and egress from the suit property under the plot nos.16 and 17 and this is used as passage and it is described in Schedule B to the plaint. The plaintiff after obtaining sanctioned plan started construction and the construction was made up to the roof of the ground floor when the defendant nos.1, 2 and 3 raised objection and for that reason, the plaintiff has to take legal recourses.
(3.) HE filed an application under Order 39 Rule 1 and 2 at the time of filing of the suit. But the learned Trial Judge did not grant any ad interim order and for that reason, the plaintiff filed a misc. appeal being Misc. Appeal No.198 of 2011. Upon hearing both the sides, the learned Lower Appellate Court directed both the parties to maintain status quo of the suit property as well as the common passage. Being aggrieved by such orders, this application has been preferred by the plaintiff.;