fixed 17th July, 2019 for hearing of the application for ad-interim
injunction filed in connection with the said appeal.
In the meantime, on 16th ... petitioner was almost
on daily basis urging for ad-interim injunction the Trial Court as well as the Court of Appeal in
Miscellaneous Appeal
fixed 17th July, 2019 for hearing of the application for ad-interim
injunction filed in connection with the said appeal.
In the meantime, on 16th ... petitioner was almost
on daily basis urging for ad-interim injunction the Trial Court as well as the Court of Appeal in
Miscellaneous Appeal
trial court, by an order dated
April 22, 2019, granted ad interim injunction restraining the defendant/opposite
party from illegally suspending the PUA dated ... opposite party preferred against the said ad interim injunction a
miscellaneous appeal bearing Miscellaneous Appeal No. 145 of 2019 in which,
vide Order
order whereby the appellate court reversed
an order of ad interim injunction granted by the trial court restraining the
defendant/opposite party from making ... argued that, in an appeal against
an ex parte ad interim injunction order, the averments made in the injunction
application have to be accepted. Although
provision of Order 39 R‐3(a) of CPC .
Order of interim injunction shall remain in force
till 23‐12‐2019.
Plaintiff to take steps ... which the court should weigh before granting an ex parte ad‐
interim injunction was laid down as hereunder:‐
"(a) whether irreparable or serious mischief
allowed.
Records reveal that on a prayer for ad interim injunction by the plaintiffs before
the learned Civil Judge, Junior Division, 1st Court at Alipore ... Title Suit No.1486 of 2019,
the prayer for ad interim injunction was refused on September 26, 2019 on the ground
that the petitioner
allowed within 4 days from the date
of order of ad-interim injunction, inasmuch as, the petitioners should
have been given a chance to contest ... averment as to how and when, after the
order of ad-interim injunction was passed, the defendants, if at all, were
encroaching into the land
basis of the deeds.
The plaintiffs prayed for ad interim injunction before the leaned
Civil Judge (Junior Division), 1st Court at Katwa, Burdwan. The
said ... interim order was passed. Aggrieved the plaintiffs
have filed this application.
From the pleadings and documents immediate need for an
ad-interim injunction cannot
appellate court stayed the operation
of an order of ad interim injunction dated March 18, 2019 passed by
the trial court restraining the defendants/opposite ... recorded by the trial court while
passing the ex parte ad interim injunction order.
However, the appellate court, by staying such order, virtually
allowed
said schedule. Although the trial court granted an ad interim
injunction restraining the defendant nos. 1 and 2 from creating
any disturbance in the peaceful ... court acted without jurisdiction in setting aside the
order of ad interim injunction granted by the trial court.
Learned counsel for the petitioner next argues
