PRASENJIT MANDAL,J. - (1.) THESE four applications are disposed of by this common judgment and order as they involve over the same matter in issue. For the sake of convenience, the C.O. No.1493 of 2012 is taken up for decision first. This application is at the instance of the respondent no.8 and is directed against the Order No.2 dated March 5, 2012 and Order No.7 dated April 5, 2012 passed by the learned District Judge-in-charge, South 24 Parganas in Misc. Appeal No.111 of 2012 thereby granting an order of status quo upon both the parties in respect of the suit property and extending the said order of interim order from time to time.
(2.) THE petitioner is a developer and is developing the suit property as described in the schedule of the plaint on the basis of the registered Powers of Attorney. THE petitioner has contended that one, Pyari Mohan Dhali, since deceased, was the owner of the land in suit along with dilapidated structure thereon and he died in 1967 leaving his wife, four sons and two daughters as legal heirs as described in paragraph no.3 of the application at page no.5. The widow of Pyari Mohan Dhali gifted her 1/7th share in the suit property in favour of her sons and the two daughters executed the deeds of relinquishment thereby divesting themselves from the suit property in favour of their brothers. In this way, the four sons of Pyari Mohan Dhali became the absolute owners of the suit property and on the basis of agreements for development, the petitioner herein started construction on the land in suit and in fact, the G+3 construction had already been done and a bank is functioning in the suit property. The promoter had to provide funds and he also took advance money from the intending purchasers and thus, the promoter is to hand over the respective flats in favour of the intending purchasers after completion. At that juncture, one daughter, namely, Saraswati Seal (Dhali) and one Ratan Mondal, son of Late Nani Mandal and Late Brajabala Mandal (predeceased daughter of Late Pyari Mohan Dhali) filed the suit being Title Suit No.4893 of 2012 against the other heirs of Late Pyari Mohan Dhali for declaration, permanent injunction and other consequential reliefs before the learned Civil Judge (Senior Division), Alipore.
(3.) IN that suit, they prayed for temporary injunction and while the application was moved for interim order, their prayer for ad interim injunction was rejected, but, show cause notice was issued upon the defendants by the concerned Trial Judge. Being aggrieved, the plaintiffs preferred an appeal being Misc. Appeal No.111 of 2012 before the learned District Judge, Alipore and in that misc. appeal, by the order dated March 5, 2012, the learned District Judge-in-charge directed the parties to maintain status quo in respect of the suit property till April 5, 2012 and the said order was extended subsequently. Being aggrieved by such orders, this application has been filed by the respondent-developer. Now, the question is whether the learned District Judge is justified in granting ad interim order of injunction as noted above. Upon hearing the learned Counsel for the parties and on going through the materials on record, I find that it is an admitted position that Late Pyari Mohan Dhali was the original owner of the land in suit as described in the schedule of the plaint along with structure thereon.;