PATHERYA AND BISWAJIT BASU,J. - (1.) Re: CAN 2716 of 2017 In CAN 2716 of 2017 all that the applicant therein seeks is to condone the delay of 17 days. On a perusal of the said application filed under Section 5 of the Limitation Act, we must address ourselves to the term 'sufficient cause'. Admittedly, by the judgement and order dated 6th January, 2017, T. S. No. 1211 of 2005 was dismissed against the defendant nos. 7 and 8 and ex parte against the rest.
(2.) Being aggrieved by the said judgement and decree dated 6th January, 2017 this appeal has been filed and we find that the explanation is sufficient to condone the delay of 17 days and it is only for this reason CAN 2716 of 2017 is allowed and disposed of. Re: CAN 2714 of 2017
(3.) CAN 2714 of 2017 has been filed for a direction on the opposite party nos. 2 and 5 to 9 during the pendency of the appeal seeking to restrain the said respondents from alienating, transferring, encumbering and/or changing the nature and character of the subject premises. It is this application which has come up before us and while perusing the said injunction application, we find that the suit in itself as well as the appeal so also the application therein is hit by Section 16(d) of the Code of Civil Procedure and also Order IX Rule 9 of the Code of Civil Procedure. The reason given for such finding is set out herein below.;