1. This appeal will be heard. Lower court records need not be called for. Since the respondents are represented by learned advocate Mr Biswaroop Bhattacharya, service of notice of appeal upon the respondents is dispensed with. The appeal thus be treated ready as regards service.

2. Immediately after the appeal was admitted for hearing under the provision of Order XLI, Rule 11 of the Code of Civil Procedure, we were requested by learned counsel for the respective parties to dispose of the appeal itself on merit. We were informed by them that all papers which are necessary for disposal of the appeal are annexed to the injunction application (CAN No.10382 of 2016) and the supplementary affidavit which was filed by the appellants in connection with the injunction application.

3. Considering such prayer of the learned counsel appearing for the parties, we have decided to dispose of the appeal itself on merit by dispensing with the requirement of filing paper books in this appeal.

4. Let us now consider the merit of the instant appeal in the facts of the instant case.

Case of the appellants briefly stated is as follows:–

The plaintiffs, viz. the appellants herein, f