Jyotirmay Bhattacharya, J. - (1.) This first miscellaneous appeal is directed against an order being No. 15 dated 18th July, 2017 passed by the Learned Civil Judge, Senior Division, First Court at Barasat, in Title Suit No. 666 of 2016 at the instance of the plaintiffs/appellants.
(2.) Let us now consider as to how far the learned Trial Judge was justified in passing the impugned order whereby the ad-interim order of injunction was vacated on the defendants' application under Order 39 Rule 4 of the Code of Civil Procedure.
(3.) The plaintiffs filed a suit for partition against the defendants praying for partition in respect of 'A' schedule property. After filing the said suit, the plaintiffs prayed for temporary injunction for restraining the defendants from transferring, alienating and/or creating any third party interest in respect of the 'A' schedule property till the disposal of the suit. The plaintiffs also prayed for ad-interim injunction in similar term in the said application.;