- (1.) The petitioner is the plaintiff in a suit for permanent injunction instituted by her against the opposite parties. She claims to be the owner of the suit property described in the schedule appended to the plaint, reading as under: "ALL THAT piece and parcel of land being 16 cottahs, 6 chittaks, 36 sq.ft. more or less being a portion of 1.86 satak in Mouza Kasba J.L. No.13. Dag No.4175, Khatian No. 1630, within Kolkata Municipal Corporation Ward No.107, premises No.30, Rajdanga Nabapally under P.S. Kasba. Kolkata-107, District- 24 Parganas (S) butted and bounded as follows: On the North : R.S. Dag No. 4186,' On the South : Road, On the East: KMC Road, On the West R.S. Dag No. 4166 (P)". The suit property shall hereafter be referred to as property "A".
(2.) THE plaint reveals how the petitioner has set up right, title and interest in respect of property "A". It is alleged that despite she being the owner thereof, the opposite party no. 1 wrongfully obtained a building plan, duly sanctioned by the Kolkata Municipal Corporation (hereafter the Corporation) for raising construction covering a portion of property "A" and that she is entitled to a decree for permanent injunction as prayed for. The main prayer in the suit reads as follows: "Permanent injunction-restraining the defendant No. 1, its men and agents from entering the suit property and from disturbing and/or interfering with the peaceful enjoyment and possess on of the plaintiff in the suit property and/or from dispossessing the plaintiff therefrom and for making any obstruction in the matter of peaceful enjoyment and possession of the plaintiff in the suit property and restraining the defendant No. 1 from obtaining any plan sanctioned in his name from the defendant No. 2 by fraudulent means in respect of the suit property and restraining the defendant No. 2 from sanctioning the defendant No. 2, from sanctioning any plan in the name of defendant No. 1 in respect of the suit property morefully mentioned and described in the Schedule below in any manner, whatsoever." The petitioner applied for temporary injunction under Order 39 Rules 1 and 2 read with section 151 of the Code of Civil Procedure. By an order dated December 4, 2008, the learned trial Court directed issuance of notice on the opposite party No. 1 to show cause as to why the prayer for injunction shall not be granted. Considering the urgency involved, the learned Trial Court was pleased to grant ex-parte ad-interim injunction restraining the opposite party no. 1 from creating any obstruction in peaceful enjoyment of the plaintiff and also from disturbing her peaceful possession of property "A" till January 5, 2009. The ad-interim order of injunction was extended from time to time and lastly, by an order dated December 17, 2009 it was again extended for a limited period.
(3.) PRIOR to that order, however, the opposite party No. 1 had applied under Order 39 Rule 4 read with section 151 of the Code seeking vacation of the ad-interim order of injunction. In the said application, the opposite party No. 1 pleaded that the petitioner had intentionally inserted a wrong address in the plaint as a result whereof the summons had not been served on it. It was only after receipt of the notice of a writ petition intended to be moved by the petitioner before this Hon'ble Court that it came to learn of the fact of institution of the present suit. It was the categorical case of the opposite party No. 1 that the property in respect whereof the suit was instituted and the property over which it claims right, title and interest are different. The opposite party No. 1 also pleaded that the petitioner had filed a previous suit against . it being Title Suit No.1151 of 2007 seeking declaration and injunction in respect of property "A" and that having failed to obtain ad interim order of injunction she filed a misc. appeal and in course thereof had obtained an order of injunction. According to the opposite party No. 1, the present suit was not maintainable. Consequently, a prayer was made to vacate the order of ad-interim injunction dated December 4, 2008.;