SHIVAKANT PRASAD, J.

Challenge in this application is against the judgment dated 20th May, 2014 passed by the Learned Additional District Judge, 1st Court, Siliguri (hereinafter referred to as the Court of Appeal below) in Miscellaneous Appeal No. 2(1) of 2014 whereby the Court of Appeal below set aside the order No. 17 dated 23rd December, 2013 passed by the Learned Civil Judge (Senior Division), Siliguri in Title Suit No. 53 of 2013.

Chronology leading to the instant case is that the petitioner as plaintiff filed a suit for declaration and injunction as consequential relief with a prayer for decree of declaration that the Plaintiff No. 1 and its members have right, title and interest over all the vacant space including the Front Lawn and all common facilities and amenities within the Residency and that the defendant No. 1 has no right to assign the said vacant space of Front Lawn to the defendant No. 2 and further prayed for injunction forbidding the defendant No. 1 and 2 from changing the nature and character of the suit property.

The plaintiff also prayed for decree for cancellation of Registered Deed of Assignment being No. 11220 for the year 2012 executed by defendant No. 1 in favour of defendant No. 2 and for mandatory injunction directing the defendant Nos. 1 and 2 to restore the area demarcated as Front Lawn of the Residency as it was as per the proposal of brochure and site plan of the Deed of Assignments and for other residency.

Upon hearing the petitioner, the Trial Court allowed the application for temporary injunction on contest by directing the parties to maintain status quo in respect of nature and character of the suit property as mentioned in the schedule of the plaint as well as injunction application till the disposal of the suit, which order was set aside by the learned Court of Appeal below by the Judgment impugned.

The opposite party No. 2 Luxmi Township Limited acquired leasehold right over an area of land admeasuring 393.25 acres situated within Mouza Gourcharan, J.L. No. 81, Mouza Baragharia, J.L. No. 82 and Mouza Ujuanu, J.L. No. 86 under the Police Station of Matigara, District Darjeeling from the Government of West by a registered indenture of lease and obtained approval of the SJDA and developed the said 393.25 acres of land and divided the said land into various plots with infrastructural facilities for setting up Uttorayon Township and identified an area measuring 10.59 acres out of 393.25 acres of land for construction of a building complex comprising twelve multi-storeyed buildings in three Phases viz. Phase I comprising five buildings, Phase II comprising three buildings and Phase III comprising four buildings.

The opposite party No. 2 completed construction of the building in Phase I and Phase II. Thereafter, by a registered deed of assignment recorded in Book No. 1, CD Volume No. 48, Pages 2141 to 2177 being No. 11220 for the year 2012, the opposite party No. 2 assigned its leasehold rights including the right to construct the structures in terms of the lease to the opposite party No. 1 in terms of the parent deed of lease, after obtaining due permission from the District Land and Land Reforms Officer, Darjeeling under Memo No. 412/Special (Cell)/11 dated 12th November, 2012.

The opposite party No. 1 commenced construction work of the balance structures in the project upon obtaining a sanctioned plan from the competent authority over the land measuring 1.88 acres after delivery of possession on 16th November, 2012, when the opposite party No. 1 developed the said land for construction but petitioner did not raise any objection thereto. On 17th April, 2013, when the opposite party No. 1 had completed substantial construction up to the plinth level, the petitioners filed the instant suit.

According to the petitioners/plaintiffs, on 17th March, 2009 vide order No. 3753 SJDA, namely Siliguri Jalpaiguri Development Authority, the defendant No. 3/opposite party No. 3 herein sanctioned a