- (1.) THE appeal has been filed challenging the order dated 20th July, 2012 passed by the Civil Judge, Senior division, 1st Court, Barasat, rejecting the application filed by the appellants under Order 39 Rule 1 and 2 read with Section 151 of the Code of Civil Procedure.
(2.) THE trial court has held that there was no need to pass any interim orders as the plaintiffs had failed to show that they were in possession of the suit property. The court also observed that there was no allegation that defendant no.1 was trying to change the nature and character of the suit property.
(3.) UNDER these circumstances, the court was of the view that there was no need to grant an injunction in favour of the plaintiffs, the appellants herein. The court has noted that an application for appointment of a Receiver was pending which would be decided in accordance with law. We have heard the learned Counsel for the parties. The suit is for partition. The plaintiffs sought an injunction against the respondents on the ground that their possession is being disturbed and that the defendants were collecting rents from the tenants and were inducting new persons as tenants.;