- (1.) This application is at the instance of the defendant no.1 and is directed against the order dated July 30, 2013 passed by the learned Additional District Judge, Fast Track Court No.2, Barasat in Misc. Appeal No.26 of 2012 thereby affirming the order of injunction in the nature of status quo dated January 20, 2012 passed by the learned Civil Judge (Senior Division), 2nd Court, Barasat in Title Suit No.111 of 2010.
(2.) The plaintiffs/opposite party nos.1, 2 & 3 instituted the aforesaid suit for declaration of title, permanent injunction restraining the defendants from disturbing the peaceful possession of the plaintiffs in the suit property and other reliefs. They moved an application under Order 39 Rules 1 & 2 of the C.P.C. and the learned Trial Judge granted an ad interim order of injunction in the form of status quo regarding the nature, character and possession of the suit property by an order dated July 1, 2010 till July 30, 2010 and the said order was extended from time to time.
(3.) The defendant no.1 entered an appearance on July 26, 2010 and filed a written objection against the application for temporary injunction along with other applications and also a written statement subsequently. Thereafter, by the order dated January 20, 2012, the learned Trial Judge made the interim order of status quo absolute. Being aggrieved by the said order, the defendant no.1 preferred an appeal being Misc. Appeal No.26 of 2012 and the said appeal dismissed on contests thereby affirming the order dated January 20, 2012 passed by the learned Trial Judge. Being aggrieved, this application has been preferred. ;