Dipankar Datta, J.

1. In connection with a suit for declaration and permanent injunction instituted by the petitioners (hereinafter the plaintiffs), an application for temporary injunction was filed by them. The learned Judge of the Trial Court by order dated December 2, 2004 refused the prayer for ex parte ad interim injunction on the ground that there was no urgency. The order was carried in appeal by the plaintiffs. The learned District Judge, Alipore, South 24-Parganas admitted the misc. appeal by order dated December 7, 2004 on condition that certified copy of the order impugned should be filed within time limit and directed issuance of notice fixing February 2, 2005 for return and order. While considering an application under Order 39 Rules 1 and 2 of the Civil Procedure Code filed by the plaintiffs, the learned District Judge on the same date directed issuance of notice upon the defendants to show cause within ten days of service thereof as to why they shall not be restrained as prayed for by the plaintiffs. On the question of grant of ex parte ad interim relief, the learned District Judge was satisfied that the defendants had been encroaching upon the property of the