JYOTIRMAY BHATTACHARYA,J. - (1.) This first miscellaneous appeal is directed against an order being No. 7 dated 20th June, 2013 passed by the learned Civil Judge (Senior Division), Kalna in Title Suit No. 61 of 2013 at the instance of the plaintiffs/appellants.
(2.) By the impugned order, the application under Order 39, Rule 4 read with Section 151 of the Code of Civil Procedure filed by the defendant nos. 1(a) to 1(c) was allowed. As a result, the ad interim order of injunction which was passed by the learned Trial Judge in the suit on 14th May, 2013 vide Order No. 3 was vacated. The instant first miscellaneous appeal is directed against the said impugned order passed by the learned Trial Judge.
(3.) At the time when the application for interim injunction filed by the plaintiffs/appellants was taken up for hearing, we were requested by the learned counsel appearing for the parties to dispose of the appeal itself on merit. We are informed by the learned counsel appearing for the parties that all papers necessary for disposal of the appeal are annexed to the application for injunction and as such, we have decided to dispose of the appeal itself by dispensing with the requirement of filing paper book in this appeal. Let us now consider the merit of the instant appeal in the facts of the present case.;