MADHULATA KANKANI Vs. HOMANT BANGUR

JUDGEMENT

(1.) This first miscellaneous appeal is at the instance of a plaintiff in a suit for declaration and permanent injunction and is directed against Order No. 14 dated October 7, 2004 passed by the learned Judge, 4th Bench, City Civil Court at Calcutta in Title Suit No.972 of 2004 thereby dismissing an application for temporary injunction filed by the present appellant.

(2.) The appellant herein filed a suit being the aforesaid Title Suit No. 972 of 2004 in the City Civil Court at Calcutta thereby praying for declaration that she has acquired a licence coupled with grant in respect of a lawn/garden situated at premises No. 10, Bakery Road, P.S. Hastings, Kolkata - 700 022 comprising an area of 12 cottahs of land and for permanent injunction restraining the defendants, their servants, agents and successors-in-office from making any construction on the suit property or changing the nature and character of the same.

(3.) In connection with the aforesaid suit, the plaintiff-appellant also filed an application under Order 39 Rules 1 and 2 of the Code of Civil Procedure thereby praying for temporary injunction restraining the defendants from carrying on any construction at the suit property or changing the nature and character of the same during the pendency of the said suit.