Jyotirmay Bhattacharya, J. - (1.) This first miscellaneous appeal is directed against an order dated 28th March, 2017 passed by the learned Civil Judge (Senior Division), 2nd Court, Uluberia in Title Suit No. 89 of 2017 by which the plaintiff's application for temporary injunction was allowed in part on contest without any cost. The defendants are restrained from interfering with the peaceful possession of the plaintiff and pro-forma defendant and not to change the nature and character in respect of C-schedule property which is a part of Aschedule property till the disposal of the suit.
(2.) The legality and/or propriety of the said order passed by the learned Trial Judge is under challenge in this appeal at the instance of the defendants/appellants.
(3.) Let us now consider as to how far the learned Trial Judge was justified in passing the impugned order in the facts of the instant case. Such temporary order of injunction was passed by the learned Trial Judge in a suit for declaration, permanent injunction and recovery of possession. The defendant no.1 is a club claiming to have registered under the West Bengal Act XXVI of 1961 in the year 2009. A declaration has been sought for against the defendants including the said club to the effect that the defendants including the said club have got no manner of right to interfere with the peaceful possession of the plaintiff and proforma defendant in respect of C-schedule property which is a part of the suit property and not to make any kind of construction on the Bschedule property. Permanent injunction is sought for against the said club and its men and agents for restraining them from interfering with peaceful possession of the plaintiff and proforma defendant in respect of the C-schedule property which is a part of A-schedule property and/or from creating any disturbance in ingress and egress of the plaintiff and proforma defendant and/or raising any objection at the time of encircling the C-schedule property by brick-built boundary wall in any manner whatsoever. A decree for recovery of possession of B-schedule property by evicting the defendants therefrom has also been sought for in the said suit.;