SAHIDULLAH MUNSHI,J. - (1.) This revisional application is directed against an order dated April 04, 2018 passed by the learned Additional District and Sessions Judge, 3rd Fast Track Court at Alipore District - South 24-Parganas in Miscellaneous Appeal No. 308 of 2016. By the order impugned the learned Appellate Court below has set aside the order of the learned Trial Court whereby the defendants were restrained from changing the nature and character of the suit property till disposal of the suit.
(2.) In the said order by which the learned Trial Court restrained the defendants from changing nature and character of the suit property held that the suit property was not in exclusive possession of the plaintiff. It has also held on the contrary that the defendant No. 1 was found to be in possession thereof. It has been held that ultimately, the suit would become infructuous, if no order of injunction were passed directing the defendant from changing the nature and character of the suit property. Although, such kind of observations were made by the Court with regard to possession of defendant in the suit property, the plaintiff did not challenge the same, rather the defendants preferred an appeal being Misc. Appeal No. 308 of 2016. On consideration of the materials disclosed before the Court the learned Appellate Court below held that prima facie title was not in favour of the plaintiff in support of grant of injunction but from the observation made by the learned Trial Court in particular that the defendant is the registered owner of the suit property by virtue of a registered deed, according to the learned Appellate Court below the learned Trial Court was not justified in restraining the defendants from changing the nature and character of the suit property, by way of an order of temporary injunction.
(3.) It appears that the plaintiff filed the suit for a declaration and injunction. He has prayed that a decree may be passed declaring that he has absolute sixteen annas ownership and possession over the suit property.;