- (1.) THIS is an application for contempt alleging violation of the order dated 1st July, 2005 passed by this Court in FMAT No. 908 of 2005 on the allegation that defying such order the respondents have been protecting their areas by encroachment upon the portion beyond the area mentioned in schedule 'a' given in page 161of the application for stay, upon which such order was passed.
(2.) TO sum up the facts of the case that gives rise to filing of application for contempt of Court :- M/s. Hindustan Auto Distributor constructed a multistoried building on 12b Russel Street and sold out some of the flats along with car parking space at the basement of the building to some of the respondents by different deeds of sale and some other respondents also began to possess some of the flats in the said building by way of agreement. The respondents and others formed the russel Apartment Society and began to encroach some vacant space by the side of the said building by keeping their private cars or motor cycles which gave rise to the dispute and litigation between the parties.
(3.) RUSSEL Apartment Society of which the respondents are the members, filed the title suit No. 87 of 2005 in the City Civil Court at Calcutta against the petitioner M/s. Hindusthan Auto Distributor. The prayer was for declaration that an open space up to 60' (from east to west) situated on the western side of the building constructed at premises No. 12b Russel Street is a part and parcel of the building. In addition the said plaintiff also prayed for mandatory injunction directing the defendant No. 1, the petitioner before us, to demolish the tin shed structure constructed within 60' which is described as 'b' schedule property at the said premises. The further prayer of the plaintiff was for permanent injunction restraining the defendant, its men, agents and servants from raising any boundary wall and/or fencing encroaching upon the 'b' schedule property on the western side of the building. In connection with the aforesaid suit the respondents that is the plaintiffs filed an application under order 39 Rule 1 and 2 of the Civil Procedure Code praying for temporary injunction restraining the present petitioner, its men, agents and servants from raising any boundary wall and/ or fencing or encroaching upon 'b' schedule property and/or within the area 60' of the western side of the building described as schedule 'a' property.;