JUDGMENT :

Biswaroop Chowdhury, J.

1. The petitioner before this Court is a plaintiff in a suit for declaration and permanent injunction and is aggrieved by order dated 15-12-2021 passed by the Learned Civil Judge (Junior Division) 5th Court at Howrah in Title Suit No. 689 of 2020 of not allowing part of the prayer made in an application under Order 39 Rule 7 and 8 read with Section 151 of the Code of Civil Procedure. The petitioner being aggrieved by the Order passed by the Learned Court below has come up with the instant application.

2. The case of the petitioner/plaintiff may be summed up thus :

1. The petitioner has filed a suit for declaration and permanent injunction being Title Suit No. 689 of 2020 against the opposite parties in the Court of the Learned Civil Judge (Junior Division) 5th Court at Howrah praying for following reliefs:

(a) A decree for declaration that the plaintiff is the owner of the ‘A’ schedule suit property along with right of common Methor passage and common passage, described in the schedule ‘C’ Suit property.

(b) A decree for further declaration that the defendant no. 1,2 and 2(A) to 2(D) have no right to make construction encroaching upon ‘C’ schedule property and without leaving mandatory side space on four sides in the ‘B’ schedule property.

(c) A decree for permanent injunction restraining the defendant no 1, 2 and 2(A) to (D) from making construction encroaching upon ‘C’ schedule property and without leaving side space on all the four sides of the ‘B’ schedule suit property.

(d) An order for interim injunction in the form of prayer © above.

(e) Leave under Order 2 Rule 2 of Civil Procedure Code 1908.

(f) A decree for all costs of the suit.

(g) A decree for any other relief or reliefs to which the plaintiff is entitled both in law and in equity.

2. The petitioner along with the suit has filed an application under Order 39 Rule 1 and 2 read with Section 151 of the Code of Civil Procedure 1908. The Learned Trial Court upon considering the said application was pleased to pass an ad-interim order of injunction only to the extent of restraining the opposite party Nos. 1, 2, 2(A) to (D) their men and agents from making any construction over the ‘C’ Schedule common methor passage without due process of law until 05-10-2020.

3. The petitioner being aggrieved by the Order dated 5-09-2020 passed by the Learned Trial Court in not granting an ad-interim order of injunction in respect of the ‘B’ schedule property, filed an appeal being Misc. Appeal No-53 of 2020 in the Court of Learned District Judge at Howrah.

4. By a judgment dated 09.04.2021 the Learned District Judge Howrah was pleased to allow the said appeal on contest thereby setting aside the Order dated 05.09.2020 passed by the Learned Trial Court below and further passing an order of injunction directing both the parties to the suit to maintain status-quo in respect of nature, character and possession of the suit properties (“B” and “C” schedule) and not to change the nature and character of the said properties till disposal of the application under Order 39 Rule 1 and 2 of the Code of Civil Procedure.

5. The opposite party No. 1, 2 and 2A to 2D entered appearance in the said suit and filed written statement coupled with counter claim, written objection to the application of injunction filed by the petitioner herein and an application for injunction under Order 39 Rule 1 and 2 of the Code of Civil Procedure.

6. By the counter claim the opposite party Nos. 1, 2 and 2(A) to 2(D) herein have prayed for following reliefs:

(a) A decree for permanent injunction against the plaintiff restraining her as well as her men and agents from creating any obstruction to the counter/claimant/defendant no-1 in the matter of making construction over the schedule below property in accordance with the sanctioned plan.

(b) A further decree for injunction against the plaintiff from misusing the Order dated 5.09.2020 passed by the Learned Court in suit, which is in connection to the ‘C’