- (1.) The sixteen plaintiffs in Civil Suit No. 352 of 2002 filed the suit in this Court against the twelve defendants on July 24th 2002. The plaintiffs prayed for the following reliefs : The plaintiffs pray for leave under Order 1, Rule 8 of the Code of Civil Procedure and claims : (a) Perpetual injunction restraining the defendants Nos. 1 to 11, their men, agents, servants and assigns from interfering with and/or invading the plaintiffs right title and interest in the various portions of the premises No. 33A, Jawhar Lal Nehru Road, Calcutta, 700 071 morefully stated in Annexure-"B" hereto. (b) Perpetual injunction restraining the defendants Nos. 1 to 11, their men, agents servants and assigns from invading any part of the common areas of the building at the said premises the Voltas air conditioning plaint situated in the basement in an area of 800 sq. ft. approx and the cooling tower on the roof as also the ducts connecting the Voltas air conditioning plant with the cooling tower. (c) Perpetual injunction restraining the defendants Nos. 1 to 11, 12 their men, agents, servants and assigns from demolishing and/or removing in any manner whatsoever the cooling tower situated on the roof and the Voltas air conditioning in the basement of the said premises No. 33A Jawaharlal Nehru Road, Calcutta 700 071. (d) The interim report of the Expert committee of the defendant No. 12 to the extent it recommends front entrance to the building over the plaintiffs portion and to the extent it recommends dismantling and removing of the cooling tower on the roof be adjudged, void delivered up and cancelled. (e) Declaration that the Interim report of the Expert committee to the extent it recommends front entrance to the building at the said premises and to the extent it recommends removal of the cooling tower on the roof is illegal, null and void. (f) Perpetual injunction restraining the defendants their servants and agents from interfering with the plaintiffs possession, occupation and user of the front portion of the ground floor of the said premises purchased by several Nos of Registered Deeds of conveyances. (g) Perpetual injunction restraining the defendants Nos. 1 to 11 in any manner whatsoever taking possession and or use on do any thing which is prejudiced to the right title and interest in the area owned by the plaintiffs in the basement of the building of an area of 2600 sq. feet more specifically demarcated in the plan annexed thereto and marked with letter 'A.' (h) Receiver (i) Injunction (j) Cost (k) Such further relief and/or other reliefs."
(2.) In the pending suit the plaintiffs filed these three interlocutory applications (G.A. No. 4512 of 2002, dated July 25th 2002; G.A. No. 3462 of 2002, dated August 28th, 2002; and G.A. No. 4513 of 2002, dated Oct. 8th 2002). In these applications the plaintiffs prayed for various interim reliefs including mandatory injunction to direct status quo ante regarding some portions of the suit properties.
(3.) For considering the controversies involved in these three interlocutory applications, and the prayer for mandatory injunction, it is necessary to see what is the case of the plaintiff. At this interim stage it will appear from the case made out in the plaint, it is narrated hereinafter.;