Jyotirmay Bhattacharya, J. - (1.) This first miscellaneous appeal is directed against an order being No. 10 dated 22nd December, 2014 passed by the learned Judge, Xth Bench, City Civil Court at Calcutta in Title Suit No. 638 of 2014 at the instance of the plaintiffs/appellants.
(2.) By the impugned order, the ad interim order of injunction in the form of status quo, which was passed by the learned Trial Judge in a suit for declaration and injunction filed by the plaintiffs/appellants, was vacated on an application under Order 39, Rule 4 of the Civil Procedure Code filed by the defendant/respondent no.2 herein. The legality of the said order is under challenge in this appeal.
(3.) Let us now consider the merit of the instant appeal in the facts of the present case. Plaintiffs are the sisters of the defendants. Plaintiffs claim that the suit property being premises No. 7/1B, Manmatha Bhattacharjee street was owned by their predecessor viz., Amiya Bhusan Chatterjee. According to them, Amiya Bhusan Chatterjee died intestate on 28th April, 1995 leaving behind him surviving the plaintiffs, defendants and their mother viz., Anima Chatterjee as his legal heirs and representatives. Subsequently, wife of the said Amiya Bhusan Chatterjee viz., Anima Chatterjee died on 26th April, 2006. Plaintiffs thus claimed that ultimately the plaintiffs and the defendants became the owner of the suit property having ⅙th share each therein. Plaintiffs further claimed that they are in occupation of two rooms in the ground floor of the eastern side of the suit premises and one room in the first floor of the southern side of the suit premises having right of common entrance through the common passage described in Schedule 'B' and Schedule 'C' of the plaint.;