Shivakant Prasad, J. - (1.) CHALLENGE in this application is against the judgment dated 20th May, 2014 passed by the Learned Additional District Judge, 1st Court, Siliguri (hereinafter referred to as the Court of Appeal below) in Miscellaneous Appeal No. 2(1) of 2014 whereby the Court of Appeal below set aside the order No. 17 dated 23rd December, 2013 passed by the Learned Civil Judge (Sr. Division), Siliguri in Title Suit No. 53 of 2013.
(2.) CHRONOLOGY leading to the instant case is that the petitioner as plaintiff filed a suit for declaration and injunction as consequential relief with a prayer for decree of declaration that the Plaintiff No. 1 and its members have right, title and interest over all the vacant space including the Front Lawn and all common facilities and amenities within the Residency and that the defendant No. 1 has no right to assign the said vacant space of Front Lawn to the defendant No. 2 and further prayed for injunction forbidding the defendant No. 1 and 2 from changing the nature and character of the suit property. The plaintiff also prayed for decree for cancellation of Registered Deed of Assignment being No. 11220 for the year 2012 executed by defendant No. 1 in favour of defendant No. 2 and for mandatory injunction directing the defendant Nos. 1 and 2 to restore the area demarcated as Front Lawn of the Residency as it was as per the proposal of brochure and site plan of the Deed of Assignments and for other residency.
(3.) UPON hearing the petitioner, the Trial Court allowed the application for temporary injunction on contest by directing the parties to maintain status quo in respect of nature and character of the suit property as mentioned in the schedule of the plaint as well as injunction application till the disposal of the suit, which order was set aside by the learned Court of Appeal below by the Judgment impugned.;