- (1.) This first miscellaneous appeal is directed against an order being No. 2 dated 25th March, 2015 passed by the learned Civil Judge (Senior Division), 1st Court, Barasat in Title Suit No. 454 of 2015 at the instance of the defendant Nos. 1 to 8/appellants. By the impugned order, the parties were directed to maintain status quo in respect of a suit property till 24th April, 2015. Such ad-interim order of injunction for maintaining status quo was passed by the learned Trial Judge in a suit for partition. The plaintiff filed an application for interim injunction in the said partition suit by alleging that the defendants are trying to build up construction on the suit property. The learned Trial Judge was of the prima facie view that for maintaining status quo with regard to the suit property, such injunction should passed. Accordingly, ad-interim order was passed.
(2.) The legality and/or propriety of the said order is under challenge in the said appeal at instance of the defendant Nos. 1 to 8.
(3.) Mr. Partha Pratim Roy, learned Advocate appearing for the appellants submits that the plaintiff has a nominal share in the suit property. He submits that injunction cannot be granted for restraining the major shareholders from raising any construction in the suit property. Mr. Roy further submits that having regard to the fact that construction has already commenced and has also substantially progressed, the learned Trial Judge ought not to have passed an ad-interim order of injunction in the said suit. We find no substance in such contention of Mr. Roy, learned Advocate for the appellants.;