- (1.) The challenge is made to an order dated 6th June, 2016 passed by the learned District Judge, North 24-Parganas, Barasat in Miscellaneous Appeal No. 85 of 2016 declining to pass an ex parte ad interim order of injunction. The petitioners filed a suit for permanent and mandatory injunction restraining the opposite parties from making any construction at the property described in Schedule 'B' to the plaint and from disturbing the peaceful possession of the plaintiffs by any means whatsoever.
(2.) There is no denial to the fact that in such a suit an application for temporary injunction was filed and moved for passing an ad interim order of injunction. The Trial Court restrained the defendant nos. 1 and 2 from changing the nature and character of the Schedule 'B' property and from disturbing the peaceful possession of the plaintiffs over the same. After the service of notice the defendant nos. 1 and 2 appeared and filed an application under Order XXXIX Rule 4 of the Code of Civil Procedure alleging the suppression of material facts and prayed for vacation, variation and/or setting aside of the said ex parte ad interim order of injunction. It is specifically averred in the said application that after obtaining a sanctioned plan from the concerned municipal authority they are raising constructions by leaving a mandatory space on four sides of the land belonging to them and the allegation that the construction is being undertaken illegally and unauthorizedly is a pure myth.
(3.) The Trial Court after considering the respective stands of the parties found that if the construction is done as per the sanctioned plan and if there is any violation thereof, the municipal authority is the competent authority to take an appropriate action. However, the ad interim order of injunction was vacated; as a consequence whereof the application for injunction was also dismissed. The petitioners challenged the said order before the Court of Appeal below and filed an independent application for injunction and moved it for an ad interim order.;