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MRINAL KANTI CHAUDHURI, TAPAN KUMAR DUTT
Sanjay Budhia Family Trust – Appellant
Versus
Tripura Enclave Residents' Welfare Association – Respondent


Advocates Appeared:
For the Appellant : Mr. Shaktinath Mukherjee, Mr. S.P. Roy Chowdhury, Mr. Probal Mukherjee, Mr. Debanjan Mandal, Mr. Biswajit Kumar, Ms. Shruti Swaika, Mr. Sudha Satva Banerjee.
For the Respondent: Mr. Pratap Chatterjee Mr. Abhrajit Mitra, Mr. Jishnu Chowdhury, Mr. M.M. Chandra, Mr. Shouoovik Roy, Mr. C. Gupta, Mr. Saptangshu Basu, Mr. Jasojeet Mukhjerjee.

JUDGMENT :

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 an



























































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