Central Plaza Owners Association v. Faizal Rahman And ORS

21.11.2022 KC(12) F.M.A.T. 340 of 2022 Central Plaza Owners' Association -versusFaizal Rahman and Ors.

With CAN 1 of 2022 Mr. Sounak Bhattacharya, Mr. Debanjan Das....................For the appellant. Mr. Rahul Karmakar, Mr. Sounak Mukherjee...........For the respondents. We admit the appeal.

Dispensing with all formalities we have heard it out today. It is disposed of by the following order. The suit by the appellant/plaintiff complains of infraction of easement rights by the construction undertaken by the respondents/defendants. An order of injunction was refused by the learned court below. Hence, the appeal.

On 23rd September, 2022 we passed an order directing the respondents to maintain status quo regarding alleged encroachment by the respondents of the appellant's property. We also directed status quo with regard to possession of the suit property. The impugned order was ex parte.

In the facts of the case, a proper interim order could only have been passed in the presence of the respondents/defendants.

Accordingly the matter is remitted to the learned court below to reconsider the interim application and to pass a reasoned order upon hearing the parties within eight weeks from date.

Our interim order dated 23rd September, 2022 shall continue until the disposal of the interim application by the learned court below. The order to be passed by the said court would then supersede our order.

This will, however, not prevent the learned court below from passing further interim order during pendency of the interim application. All questions are kept open before the learned court below.

The appeal (F.M.A.T. 340 of 2022) and the connected application (CAN 1 of 2022) are disposed of. (I.P. MUKERJI, J.) (BISWAROOP CHOWDHURY, J.)