Astonishingly, the trial court despite passing an ex parte ad interim order of injunction at the initial stage of the suit proceeded to dismiss the application for temporary injunction solely on the ground that certain allegations made by the defendants/respondents are required to be proved by way of evidence.

The plaint case proceeds simplicitor on the basis that one Mirzafar Ali (Mondal) was the owner of the subject property and died upon leaving behind him surviving five sons. The heirs of the aforesaid five sons are before this Court. It is stated in the plaint that the property left by said Mirzafar Ali (Mondal) is a joint property of the plaintiffs/appellants and the defendants/respondents and, therefore, their shares have to be separated by the decree of partition.

An application for temporary injunction was taken out alleging that taking advantage of the situation, defendant nos. 1 to 16 are trying to make construction in respect of the subject property, which was, in fact, a vacant land, claiming themselves to be the absolute owners thereof. The trial court directed the parties to maintain status quo but later on vacated the same upon rejecting the application for temporary

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