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Judgment
This appeal will be heard on the question whether the suit itself will become infructuous in absence of ad interim order which was sought and refused
by the trial court and whether simply because the property is debottar in nature the court cannot pass any order of injunction admittedly when the
agreement between the parties has not come to an end.
Appeal will be heard.
Since very short question is involved in this appeal, the appeal can be disposed of only on the basis of application which is listed today.
The application contains all the documents required for disposal of the appeal itself.
Hearing Mr. Chatterjee, learned Senior Advocate appearing for the appellants, we are satisfied that the order impugned refusing to grant ad interim
protection in favour of the plaintiffs will cause irreparable loss and injury to the plaintiffs which may not be compensated otherwise. In such
circumstances, we fix the application for hearing after fortnight. By the order impugned the Trial Court has also not opined not that there is no prima
facie case to go for trial. Court has instead of weighing the balance of convenience and inconvenience, has simply observed that property is Debottar
in nature and all the trustees have not been parties. We find from the record that the plaintiff has got a sanction plan in his favour and alleged that he
is prevented by defendant no.1 to act on the basis thereof. We, hold that Trial Court ought to have protected the property and the interest of the
plaintiff at least for a limited time.
Mr. Chatterjee’s advocateâ€"on-record is directed to serve copy of this application upon all the parties immediately under registered cover with
acknowledgement due and to file affidavit-of-service on the next date of hearing. In the meantime, we restrain respondent no.1, the principal
defendant from alienating, transferring and/or encumbering and/or changing its nature and character without leave of the Court. Such interim order
shall continue for a period of four weeks from date or until further orders whichever is earlier. We make it clear that within this period of four weeks
the plaintiff may continue to make construction strictly as per Building Sanction but shall not create any third party interest over the same.
Matter to appear in the list fortnight hence.