- (1.) The petitioner has filed the suit to challenge various deeds/instruments dated March 3, 1971, December 14, 1973, August 30, 2002 and September 25, 2017 executed betweenthe respective parties, from time to time, in respect of the property at premises no.6A, Pretoria Street, Kolkata.
(2.) In this application the petitioner has in effect, prayed for interim relief restraining the respondent no.2 from acting in terms of the deed of lease dated September 25, 2017 in respect of the said premises. A strong objection has been raised on behalf of the respondents to the prayer of thepetitioner for interim protection on the ground ofthe long delayin filing the application. Even the respondent no.1, theerstwhile lessee of the property in question has also raised objection to the petitioner's prayer in this application.According to the said respondent, the present suit is not maintainable. From the records it appearsthat inDecember 2017 the petitioner filed a suit being CS No.284 of 2017, before this Court against the present respondents challenging the said deed of lease dated September 25, 2017. Subsequently, in January 2018 the petitioner had withdrawn the said suit with liberty to file afresh on the selfsame cause of action.Thereafter, on March 26, 2018 thepetitioner has filed the present suitand the present application was filed on April 10, 2019. In the meantime, on December 13, 2018 the respondent no.2has filed his written statement in this suit. The respondent no.1 has also filed its written statement in the suit.
(3.) Considering the above facts, Ifind substance in the contention raised on behalf of the respondent nos.1 and 2 raising objection to the prayer of the petitioner for an ad interim order. Let the respondents file their affidavit-in-opposition within twoweeks from date; reply thereto, if any, be filed a week thereafter. ;