Manash Nath Roy, J. - (1.) This application under section 115 of the Code of Civil Procedure, was heard by us on assignment, made by the learned Acting Chief Justice on 29th August, 1985. Initially, we had not directed the issue of a Rule, but since after hearing the learned advocates at length, it transpired to us that various facts will have to be considered, so, on 5th September, 1985, we had directed the issue of a Rule and considering the urgency of the matter gave further directions regarding the completion of the affidavits and also desired that the matter should be heard and disposed of at a very early date.
(2.) By the application under section 115 of the Code of Civil Procedure, Ashoka Marketing Ltd., a Company registered under the Companies Act, 1956 (hereinafter referred to as the said Company), has sought to impeach the judgment and order dated 17th July, 1985, made in Misc. Appeal No. 45 of 1985, by the learned Judge, 1st Additional Court, Alipore and whereby, the said Misc. Appeal, which has filed by Hanshree Apartment Owners Association (hereinafter referred to as the said Association), who are Respondent/Opposite parties before us, was allowed on contest and thereby Order No. 5 dated 15th January, 1985, passed by Shri S. K. Roy, learned Munsif, 1st Court, Alipore, in Title Suit No. 838 of 1984, was set aside and the application for temporary injunction dated 22nd December, 1984, as filed by the said Association, was allowed and the said Company, their men, servants, agents and contractors were restrained from making any further construction of a building known as Rajtarang, before demarcating the portion belonging to the said Association or till the disposal of the suit, whichever was earlier.
(3.) The West Bengal Apartment Ownership Act, 1972 (hereinafter referred to as the said Act) was brought into effect, providing for the ownership of an individual apartment and to make such apartment heritable and transferable property as it was felt that in this social welfare State, complete of absolute title has undergone a change for various reasons. People are constructing their homestead or such other structures in apartment. With that end in view, the said Act was promulgated for making the apartments heritable and transferable property.;