JUDGMENT :

SABYASACHI BHATTACHARYYA, J.

1. Affidavit-of-service filed in court today be kept on record.

2. Leave is granted to the learned Advocate-on-record for the appellant to rectify the defect pointed out by the Additional Stamp Reporter.

3. The present appeal has been preferred by the defendant no.1 in a suit for partition against an order of temporary injunction.

4. The learned Advocate appearing for the appellant submits that the appellant (who is the defendant no.1 in the suit), is a teacher and purchased his share of the suit property by a registered deed.

5. Subsequently permission for conversion of the portion of the suit property, which is in occupation of the defendant no.1/appellant, was obtained duly from the concerned authorities.

6. Thereafter, mutation was also done and sanction plan was obtained by the appellant to make a G+1 construction.

7. After such sanction plan being issued and the construction having commenced and the foundation work having already been completed, the plaintiff/respondent no.1 filed the suit and obtained the impugned order of injunction.

8. It is pointed out by learned counsel for the appellant that in the written objection, such facts were clearl