ASHIM KUMAR BANERJEE,J. - (1.) The appellant is constructing his building as per the plan sanctioned by the Corporation.
(2.) The respondent complains that the appellant, in the guise of construction as per the sanctioned plan, is making unauthorised construction deviating from the original plan as sanctioned by the Corporation. The respondent filed a declaratory suit before the Court below making Corporation a party respondent. The Corporation, however, did not appear, although the appellant contested the same. The respondent also filed an application under Order 39 Rule 4 C.P.C. Learned Judge, upon hearing the rival contentions, passed ad interim injunction in the form of status quo and made it absolute.
(3.) Being aggrieved, the appellant has come up before us by preferring the instant appeal along with an application for Stay.;