- (1.) Whether or not the order of the lower appellate Court affirming the order of interim injunction granted by the trial Court on an application under Order XXXIX, Rules 1 and 2, Civil Procedure Code (hereafter the Code) merits interference is the sole question that arises for determination on this revisional application under Article 227 of the Constitution of India at the instance of the defendants in the suit.
(2.) The dispute between the parties is in respect of user of a passage (hereafter the said passage).
(3.) It would be prudent to note first, what the plaint case is. In the 16 (sixteen) paragraphs comprising the plaint, the plaintiff/opposite party (hereafter the plaintiff) states/claims as follows: para 1 : the particulars of the plaintiff; para 2 : the subject matter of the suit, viz. a common passage particulars whereof are mentioned therein; para 3 : the extent of the plaintiff s college campus measuring 39 cottahs, 13 chittaks and 29 sq. ft. of land in Dag Nos. 221 and 218; para 4 : land appertaining to Dag No.221 originally belonged to M/s. LCI India (P.) Ltd., which subsequently sold, conveyed and transferred its right, title and interest in favour of M/s. Bee Impex and Holding (P.) Ltd. (hereafter Bee Impex) by two registered deeds of conveyance; para 5 : land appertaining to Dag No. 218 actually belonged to M/s. Monalok (P.) Ltd., which subsequently sold, conveyed and transferred its right, title and interest in favour of Bee Impex by two registered deeds of conveyance; para 6 : Bee Impex became the absolute owner of the lands in Dag Nos. 221 and 218 along with the right to use the common passage and/or road situated on the eastern and northern sides for the purpose of ingress and egress to the portion of land appertaining to Dag No. 221 ****from Gate No.2 of M/s. G & K Shipping Pvt. Ltd. in common with the co-owners of the adjoining properties. ; para 7 : subsequently, Bee Impex transferred its right, title and interest in respect of the land in Dag Nos. 221 and 218 in favour of the plaintiff by three deeds of gift in May, 2003 ****along with right to use the said common passage. ; para 8 : G & K Shipping Pvt. Ltd. (hereafter G & K Shipping) through its letter dated July 16, 2001 confirmed to the predecessor-in-interest of the plaintiff that ingress and egress of men, materials and vehicles through the common passage on the northern and the eastern sides shall not be disturbed in any manner whatsoever even if they sell the property to the defendants whom they appointed as developer; para 9 : G & K Shipping sold a godown and a warehouse to the defendants who immediately after purchasing the property started obstructing the free ingress and egress of the men, agents and students of the plaintiff through the said common passage causing trouble which forced the plaintiff to make a temporary arrangement at the dictating terms of the defendants to cope with the regular and continuous trouble and harassment of the plaintiff s men, agents and students; para 10 : despite confirmation of G & K Shipping resulting in accrual of right in favour of the plaintiff, the defendants illegally and intentionally obstructed and hindered ingress and egress of plaintiff s men, agents and vehicles almost on regular basis causing annoyance to the plaintiff; para 11 : the defendants raised hindrance and obstruction to prevent ingress and egress through the common passage leading to lodging of criminal complaints; para 12 : the source of accrual of the plaintiff s right i.e. the deeds of conveyance and gift as well as the confirmation letter of G & K Shipping, to use the common passage for ingress or egress to its property and there being no alternative passage for the plaintiff s ingress or egress thereto/therefrom; para 13 : the plaintiff s assertion of its right of user of the common passage for the purpose of ingress to and egress from its property; paras 14 15. XXX XXX XXX 16 : the formal paragraphs asserting the relief the plaintiff is entitled to, the cause of action and the statement relating to valuation of the suit.;