Altamas Kabir, J. - (1.) These two appeals and the connected applications for stay were taken up for hearing analogously. The first of the two appeals has been preferred by Joita Estate Private Limited, on the basis of the leave granted by this Court on 131h December, 2000, upon condonation of the delay in preferring the appeal. The second of the two appeals has been preferred by one Shri Sanjib Kumar Basu, who had been made defendant No.2 in a suit filed by Sarathi Construction Company & Ors., the respondent Nos. 1, 2 and 3 in the said appeal, in the City Civil Court at Calcutta, being Title Suit No. 1446 of 2000. Both the appeals are directed against Order No.3 dated 3011 August, 2000, and Order No.7 dated 2011 October, 2000 passed by the learned trial court in the aforesaid suit firstly on an application filed by the plaintiffs under Order 39 Rules 1 and 2 read with section 151 C.P.C. and two other applications filed under Order 39 Rule 7 and under section 151 C.P.C. In the second of the two appeals one other order, being Order No. 8 dated 31st October, 2000, passed by the learned trial Court, has also been challenged.
(2.) The case as made out in Title Suit No. 1446 of 2000 is that the plaintiffs had purchased a property being No. 19A, Chowdhury Lane from Shri Sanjib Kumar Basu for valuable consideration and without notice of a mortgage in respect of the said property in favour of the Peerless General Finance and Investment Company Ltd. the defendant No. 1 in the suit. The plaintiffs filed an application for temporary injunction in the said suit and by Order No. 3 dated 301" August, 2000 an interim injunction was passed by the learned trial Court directing the parties to maintain status quo in respect of the properties mentioned in Schedules A, B and C of the petition till 315' October, 2000. Schedule 'A' to the petition refers to premises No. 1A, Chowdhury Lane, Police Station Shyampukur, Calcutta-700 004. Schedule 'B' refers to a three storeyed building, being No. 397 Block 'G' New Alipore, Calcutta 700 053, owned by the defendant No. 2 Shri Sanjib Kumar Basu, absolutely. Schedule 'C' refers to a flat owned by Smt. Krishna Ghosh, defendant No. 3 in the suit, being No. 207 Windsor Court, 17 Millers, Bangalore-560 046.
(3.) Since the plaintiffs' suit was confined to premises No. 19A, Chowdhury Lane only, but the ad interim order of status quo was directed also against premises No. 397 Block 'G' New Alipore, Calcutta - 700 053, over which M/s. Joita Estate Private Ltd. claimed to have acquired an interest from Shri Sanjib Kumar Basu, the said M/s. Joita Estate Private Ltd. filed an application being CAN No. 8992 of 2000, for leave to prefer an appeal which was numbered as T-3637(FMA) of 2000. An application for condonation of the delay in filing the appeal, being CAN No. 8991 of 2000, was also filed and both the said two applications were taken up for hearing on 13th December, 2000 and were allowed and the appeal was directed to be registered if otherwise in form.;