- (1.) Instead of hearing of the application for stay, we propose to hear out the appeal itself by treating it as on day's list.
(2.) This appeal is at the instance of the Kolkata Municipal Corporation, the defendant in a suit for declaration and injunction and is directed against the order No.8 dated 6th February, 2009 passed by the learned Judge-in-Charge, VHIth Bench, City Civil Court at Calcutta, in Title Suit No. 5494 of 2008 thereby disposing of an application for temporary injunction filed by the respondent by restraining the Kolkata Municipal Corporation, its men and agents, from making any construction of any urinal and/or toilet or causing any obstruction towards egress and ingress of the plaintiff in the suit property blocking the entrance gate facing B.K. Paul Avenue till the disposal of the suit.
(3.) Being dissatisfied, the defendants have come up with the present appeal.;