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Judgment
Debangsu Basak, J.:-
Appeal is directed against the order dated June 25, 2026 passed in T.S. (Com) 09 of 2026.
By the impugned order, learned Trial Judge passed an ex parte ad interim order of injunction.
Learned advocate appearing for the appellants submits that the impugned order tantamounts to preventing the appellants from filing a suit for eviction. He submits that, the appellants are the owners of the immovable property concerned. The order of injunction was obtained on the basis of the joint development agreement dated July 27, 2022 where the appellants are not parties. He submits that, in the event the order impugned is allowed in the manner and form as it stands today, it will cause irreparable loss and injury to the appellants.
Plaintiff, the trustees and the lessee are represented.
Learned Senior advocate appearing for the respondents submits that so far as the prayer for filing a suit for eviction is concerned, the same may be considered subject to just objections that a defendant in a suit for eviction may possess in the event such suit is filed.
In the facts and circumstances of the present case, plaintiff’s traces its rights through a development agreement dated July 27, 2022. The appellants before us claim themselves to be the owners of the immovable property concerned. The appellants seek right to file a suit for eviction on the basis of the letter intimation dated May 12, 2026.
Apparently, there is a lease agreement between the owners of the immovable property concerned and the lessee. Such lease was sought to be terminated by the letter dated May 12, 2026. Based upon such termination, no doubt, the owners are entitled to file a suit for eviction.
No special circumstances exist for the owners to be injuncted from filing a suit for eviction. At least the materials in the plaint and the injunction petition do not make out such a case.
In such circumstances, the impugned order dated June 25, 2026 is read and construed to mean that it does not prevent the owners from filing a suit for eviction. It is clarified that the subsisting order dated June 25, 2026 will not be set up as an issue of maintainability of the suit for eviction in the event such suit is filed by the owners.
All just objections with regard to the suit for eviction if filed are kept open.
Limited to the extent of modifying the impugned order, we clarify that we did not decide on the merits of the rival contentions of the parties. All issues raised by the parties are kept open.
Court is informed that the next date before the learned Trial Judge is on September 22, 2026.
Defendants in the suit may file written objection to the injunction petition on or before September 7, 2026. Reply thereto, if any, be filed by September 17, 2026.
AO-COM 37 of 2026 and the connected application being CAN 1 of 2026 are disposed of.
I agree