MRINAL KANTI CHAUDHURI,J. - (1.) This appeal is preferred by the defendant Nos. 1 and 2 in Title Suit No. 6162 of 2012 against the temporary injunction order dated 20th February, 2013 passed by learned Civil Judge (Senior Division), 2nd court at Alipore.
(2.) The respondents being the plaintiffs instituted the aforesaid Title Suit praying for declaration that no part of the first floor of the building namely Tripura Enclave described in the schedule can be used by the appellants/defendant Nos. 1 and 2 for any other purpose other than residential and all permission for conversion from residential to commercial or for structural lay out changes to the first floor are illegal, null and void and for perpetual injunction for removing the internal staircase connecting ground floor unit to the first floor and restraining the appellant from making any change/alteration of the first floor and other reliefs. The plaintiffs/respondents also filed a petition praying for temporary injunction restraining the appellant/defendant Nos. 1 and 2 from constructing any internal staircase connecting the ground floor flat with the first floor flat at the premises No. 59, Ballygunge Circular Road, Kolkata and an order for injunction restraining the appellant/defendant Nos. 1 and 2 from using first floor for any purpose other than residential.
(3.) The plaintiff/respondent No. 1 is Tripura Enclave Flat Owners Association. The plaintiff/respondent Nos. 2 to 10 are owners of the flat who are the members of the association. The appellant/defendant Nos. 1 and 2 are owners of the first floor and ground floor of the said premises. There is no internal staircase from first floor to ground floor. Both the floors are separate units having separate entrances at different level.;