Jyotirmay Bhattacharya, J.

This first appeal is directed against an order of rejection of plaint filed in the partition suit vide Order No. 32 dated 11th May, 2016 passed by the learned Civil Judge (Senior Division), 1st Court, Barasat, North 24-Parganas in Title Suit No. 313 of 2012 at the instance of the plaintiffs/appellants.

2. An interim order of injunction was passed by this Court on 3rd October, 2016 by restraining the respondents from raising any construction and/or further construction over the suit property and/or from changing the nature and character thereof till the end of November 2016 or until further order whichever was earlier. The said interim order of injunction was extended from time to time and the said interim order of injunction is still in operation.

3. Today, at the time when the appellants' prayer for further extension of the interim order of injunction was under consideration, we are requested by the learned counsel appearing for the parties to dispose of the appeal itself on merit on the basis of the material available before us.

4. The plaint filed in the partition suit was rejected by the learned Trial Judge on an application under Order 7 Rule 1