Jyotirmay Bhattacharya, J. - (1.) This is a defective appeal. Defect is notified in the report of the Stamp Reporter. Leave is granted to the learned advocate-on-record of the appellants to rectify the defect in the memorandum of appeal in the light of the report of the Stamp Reporter.
(2.) This first miscellaneous appeal is directed against an order being No.2 dated 16th May, 2017 passed by the learned Civil Judge (Senior Division), 2nd Court, Barasat in Title Suit No. 378 of 2017. By the impugned order, the plaintiffs prayer for ad interim injunction was refused. However, the plaintiffs application for temporary injunction is awaiting disposal. The plaintiff is aggrieved as the learned Trial Judge refused to pass ad interim order of injunction in their favour. Hence, the plaintiffs/appellants have filed this appeal. After hearing the learned advocate appearing for the plaintiffs/appellants and after considering the materials on record including the order impugned, this Court does not find any apparent illegality in the order impugned. We are also of the view that the dispute which is involved between the parties in the said proceeding is of such nature which is required to be decided after exchange of affidavits between the parties. Accordingly, we decline to admit this appeal for hearing under the provision of Order XLI Rule 11 of the Code of Civil Procedure.
(3.) The appeal, thus, stands dismissed.;