Jyotirmay Bhattacharya, J. - (1.) This first miscellaneous appeal is directed against an order being No. 16 dated 15th March, 2016 passed by the Learned Civil Judge (Senior Division), Diamond Harbour, South 24- Parganas in Title Suit No. 386 of 2015.
(2.) By the impugned order, ad interim order of injunction in the form of status quo was relaxed and the defendant nos. 1 to 4 were permitted to complete the incomplete construction which they were constructing after demolishing the old construction and on the existing plinth of the old construction. Before the plaintiffs approached the court seeking injunction, some construction had already been raised by those defendants.
(3.) However, in view of the interim order of status quo passed by the learned Trial Judge, those defendants stopped raising construction. They filed an application under Order 39 Rule 4 of the Code of Civil Procedure on 6th April, 2016 seeking modification of the interim order of status quo so that they can complete the incomplete construction.;