- (1.) This is an application under Article 227 of the Constitution of India praying for setting aside order No.22 dated 3rd May, 2010 passed by learned Civil Judge (Junior Division), 2nd Court at Howrah in Title Suit No.121 of 2009.
(2.) The facts of the case may be summarized as follows:- O. P. Ramchandra Parolia filed said suit being No.121 of 2009 alleging that he purchased the suit property comprised in municipal holding Nos. 41, 42, 43 and 56 Kaji Sabihal Alam Lan, P. S. Shibpur, District- Howrah as duly described in schedule of the plaint from its original owners through a kobala dated 7th February, 1956. The petitioner defendant No.1 was a partnership firm and defendant Nos. 2 and 3 were partners of defendant No.1's firm. The plaintiff was also one of the senior partners of said firm having 40% share. The factory of the defendant No.1 firm was situated adjacent to the plaintiff's 'A' schedule property. At the prayer of the plaintiff's father plaintiff allowed said firm to run its flour mill in a portion of the suit property after plaintiff made construction thereupon on obtaining sanction plan from the municipality. The business activities of the flour mill deteriorated and ultimately almost stopped since April, 2007. The plaintiff used to display different banners and hoardings by publication on the outer faces and roof of the constructions made on 'A' schedule property since 2001. The defendant Nos. 2 and 3 are trying to obstruct said display of hoardings out of an ill motive. A strained relation cropped up between the parties. Plaintiff has accordingly filed said suit for declaring his ownership in 'A' schedule property, for permanent injunction restraining the defendants and their men and agents from creating any obstruction in the matter of displaying of hoardings etc. and for other consequential reliefs with leave under Order 2 Rule 2 of the Code of Civil Procedure.
(3.) The O. P. plaintiff filed an application for temporary injunction under order 39 rule 1 and 2. O. P. plaintiff initially obtained an ex parte order of ad interim injunction against defendant Nos. 2 and 3. Later on after contested hearing it was modified to maintaining status quo in respect of the suit property.;