Jyotirmay Bhattacharya, J. - (1.) By the impugned order No. 14 dated 5th February, 2016 passed by the learned Judge, XIIIth Bench, City Civil Court at Calcutta, the plaintiff's application for temporary injunction was allowed by the learned Trial Judge.
(2.) The following order was passed by the learned Trial Judge in the impugned order:- "It is ordered that the defendant Debashis Mullick being the owner of the suit premises and the Kolkata Municipal Corporation are hereby restrained from evicting the plaintiff Manoj Kumar Dutta without following due process of law. It is further clarified that the Municipal Commissioner is only authority of the KMC to issue notice under Section 401 of the KMC Act, but no one else. There is no Building Rules and Notification by State Government authorising the Municipal Commissioner to delegate power on any authority possessing a decree in civil and structural or construction engineering having five years in field of design and constructions of structure of building of different types. The assistant engineer or sub-assistant engineer having no structural specialisation cannot say about the structural condition of R.C.C. of the building."
(3.) The instant appeal was admitted for hearing under the provision of Order 41 Rule 11 of the Code of Civil Procedure on 25th July, 2016. Today when the application for stay filed in connection with the said appeal was being considered by this Court, we were requested by the learned counsel appearing for the appellant to dispose of the appeal itself on merit.;