Mrinal Kanti Chaudhuri, J.

This appeal is preferred by the defendant Nos. 1 and 2 in Title Suit No. 6162 of 2012 against the temporary injunction order dated 20th February, 2013 passed by learned Civil Judge (Senior Division), 2nd court at Alipore.

The respondents being the plaintiffs instituted the aforesaid Title Suit praying for declaration that no part of the first floor of the building namely Tripura Enclave described in the schedule can be used by the appellants/defendant Nos. 1 and 2 for any other purpose other than residential and all permission for conversion from residential to commercial or for structural lay out changes to the first floor are illegal, null and void and for perpetual injunction for removing the internal staircase connecting ground floor unit to the first floor and restraining the appellant from making any change/alteration of the first floor and other reliefs. The plaintiffs/respondents also filed a petition praying for temporary injunction restraining the appellant/defendant Nos. 1 and 2 from constructing any internal staircase connecting the ground floor flat with the first floor flat at the premises No. 59, Ballygunge Circular Road, Kolkata and an order for injunction restraining the appellant/defendant Nos. 1 and 2 from using first floor for any purpose other than residential.

The plaintiff/respondent No. 1 is Tripura Enclave Flat Owners Association. The plaintiff/respondent Nos. 2 to 10 are owners of the flat who are the members of the association. The appellant/defendant Nos. 1 and 2 are owners of the first floor and ground floor of the said premises. There is no internal staircase from first floor to ground floor. Both the floors are separate units having separate entrances at different level.

The association was formed on 20th June, 2006 and it was registered on 4th July, 2006. The members of the association are bound to act as per rules and regulations of the association and also as per resolution adopted by the association. According to rules and regulations of the association, prior permission of the governing body of the committee is necessary for any change of nature of use. The appellants/defendants applied on 28.11.2011 for permission for carrying out internal decoration of the first floor flat. The permission was accordingly granted on 2nd December, 2011 with specific indication that no structural and lay out change would be carried out. The plaintiff/respondents came to know that defendants/appellants carried out some structural change and they asked the defendants to stop their work. The appellants/defendants informed on 19.11.2011 that they obtained permission from Kolkata Municipal Corporation for installing of internal staircase for getting access from ground floor to first floor. Accordingly, a special general meeting was held on 26.02.2012 where a resolution was adopted to the effect that all the residential flats from first floor upwards would not be converted into commercial space/office.

The case of the plaintiffs/respondents Nos. 1 to 10 was that the appellants/defendants abstained from the meeting. Barring the appellants/defendants, everyone supported the resolution of status of flat as residential. The appellants/defendants fraudulently obtained permission from Kolkata Municipal Corporation on 08.09.2011 for conversion and for structural and lay out change. Kolkata Municipal Corporation was under obligation not to sanction plan and grant permission for conversion from residential to commercial. The permission granted by Kolkata Municipal Corporation is not in conformity with the provision of Kolkata Municipal Corporation Act, rules and regulations. The permission granted by Kolkata Municipal Corporation is, therefore, illegal, null and void. The user of the first floor flat as office would cause nuisance to the residential flat owners. It would create noise and annoyance. It would diminish the value of the residential flats. The appellants/defendants are bound to ab