- (1.) This application is at the instance of the plaintiffs/appellants and is directed against the judgment and order dated July 26, 2013 passed by the learned Additional District Judge, 13th Court, Alipore in Misc. Appeal No.374 of 2012 thereby setting aside the Order No.2 dated August 7, 2012 passed by the learned Civil Judge-in-Charge (Junior Division), 5th Court, Alipore in Title Suit Ni.215 of 2012. The plaintiffs/appellants/petitioners herein instituted the aforesaid suit against the defendant/respondent/opposite party herein before the learned Trial Judge praying for a decree of declaration that the plaintiffs are the sole and absolute owners in possession which means and include unfettered leasehold rights as the case is, in respect of the properties described in the schedules 'A' to 'C' to the plaint and that the defendant herein and none of his family members have got any iota of right, title, interest and possession in respect of any part thereof and the decree for permanent injunction restraining the defendant or any of his men and agents from exerting and/or attempting to exert any kind of and/or right, title, interest and possession in respect of the said premises and other reliefs.
(2.) At the time of filing the suit, the plaintiffs prayed for temporary injunction along with a prayer for ad interim injunction. The learned Trial Judge refused to grant an ad interim order of injunction and directed the defendant/respondent/opposite party herein to file a show cause. Being aggrieved, the plaintiffs preferred an appeal being Misc. Appeal No.374 of 2012 and while disposing of the said misc. appeal, the learned 1stAppellate Court directed both the parties to maintain status quo in respect of the suit properties till the disposal of the application for temporary injunction. Being aggrieved by such order, this application has been preferred.
(3.) Now, the question is whether the impugned order should be sustained.;