Jyotirmay Bhattacharya, J. - (1.) This First Miscellaneous Appeal is directed against an order dated 29th March 2018 passed by the learned Civil Judge (Senior Division), 5th Court at Alipore in Title Suit No. 212 of 2018 at the instance of the plaintiffs/appellants. By the impugned order, the plaintiffs' prayer for temporary injunction for restraining the defendants from raising construction on "A" & "B" schedule property during the pendency of the suit was refused by the learned trial judge. Hence, the instant appeal was filed by the plaintiffs/appellants.
(2.) Let us now consider as to whether the instant appeal deserves any merit for consideration even for admission of this appeal under the provision of Order 41 Rule 11 of the Code of Civil Procedure.
(3.) The plaintiffs filed a suit for partition against the defendants. In such suit, the plaintiffs filed an application for temporary injunction praying for restraining the defendant nos. 1, 2 and 3 from raising any construction over "A" & "B" schedule property during the pendency of the suit. It is stated in the injunction application that those defendants have already raised substantial construction over "A" &"B" schedule property.;