JYOTIRMAY BHATTACHARYA,J. - (1.) The report dated 20th June, 2016 submitted by learned Special Officer in Court today is accepted by this Court. Let the said report be kept with the record. Let it be recorded that copy of the said report has been circulated amongst the learned counsel appearing for the parties. This first miscellaneous appeal is directed against order dated 8th February, 2016 passed by learned Civil Judge (Senior Division), 2nd Court at Alipore (in charge of the learned 10th Court of Civil Judge (Senior Division) at Alipore) in Money Suit No.9 of 2016 at the instance of the plaintiff/appellant.
(2.) By the impugned order, plaintiff's prayer for ad interim injunction was refused by the learned Trial Judge. After admission of this appeal, Special Officer was appointed by this Court for making inventory of the machineries and/or other materials belonging to the plaintiff/appellant lying at the suit premises under the possession of the respondent nos. 1 and 2. Inventory of such materials and/or other machineries was made by the learned Special Officer. From time to time, some interim orders were passed. In pursuance thereof, ultimately the dispute, which was involved in the plaintiff's application for temporary injunction, was resolved and the shuttering materials, props, other materials etc. belonging to the plaintiff/appellant were identified by the parties in the presence of the learned Special Officer and ultimately those were also returned to the plaintiff/appellant in the presence of the learned Special Officer.
(3.) It is reported in the report submitted by the learned Special Officer today that only 48 numbers of props could not be delivered by the defendant nos. 1 and 2 to the plaintiff/appellant as those were permanently fixed with the construction and as such those props could not be removed. Parties have amicably settled the price of those 48 numbers of props which could not be delivered to the plaintiff/appellant as Rs.38,400/ - which the defendant nos. 1 and 2 have agreed to pay to the plaintiff/appellant within a week.;