- (1.) THIS first miscellaneous appeal is at the instance of a plaintiff in a suit for declaration of title, permanent injunction, mesne profit and is directed against Order No. 5 dated 18th November, 2008, passed by the learned trial Judge thereby dismissing an application for temporary injunction filed by the appellant.
(2.) BEING dissatisfied, the plaintiff has come up with the present first miscellaneous appeal.
(3.) THE appellant before us filed in the Fourth Court of Civil Judge, senior Division, Alipore, a suit being Title Suit No. 2541 of 2008 thereby praying for the following relief:- (a) A declaration that the plaintiff is the owner of the said flat, more fully and particularly described in the Annexure "a" to the plaint entitled to the quite, exclusive and vacant possession of the same to the exclusion of all others including the defendants and each of them; (b) A decree against the defendants and each of them including the defendant No. 3 directing the eviction of each of them from the said flat more fully and particularly described in the annexure "a" to the plaint; (c) A decree against the defendants and each of them for recovery of quiet, vacant, peaceful and exclusive possession of the safd flat more fully and particularly described in the Annexure "a" to the plaint to the plaintiff; (d) A perpetual order of injunction be passed against the defendants and/or each of them by themselves or by their officers or agents or employees or servants or assigns or otherwise howsoever from entering upon or remaining or occupying and part or portion of the said flat, more fully and particularly described in the Annexure "a" to the plaint, in any manner whatsoever; (e) A perpetual order of injunction be passed against the defendants and/or each of them by themselves or by their officers or agents or employees or servants or assigns or otherwise howsoever from disturbing or interfering with or obstructing the plaintiff's exclusive user, occupation and enjoyment of the said flat, more fully and particularly described in the Annexure "a" to the plaint, in any manner whatsoever; (f) A decree for Rs. 70,000/- towards mesne profits against each of the defendants as pleaded in Paragraph-22 hereof; (g) Alternatively, an enquiry to ascertain the mesne profits payable by each of the defendants and a decree for such sum as may be found due and payable upon such enquiry; (h) For the purposes aforesaid all necessary enquiries, accounts and directions; (i) Receiver; (j) Injunction; (k) Attachment; (I) Costs; (m) Such further or other relief or reliefs as this learned Court may deem fit and proper. ";