AD-29&30 Ct No.16

25.03.2025 TN FMAT 159 of 2024 IA No: CAN 1 of 2024 With FMAT 436 of 2024 Sri Pratip Parua and others Vs.

Sri Partha Pratim Parua and others Mr. Somnath Roy Chowdhury, Ms. Arpita Chowdhury ….for the appellants In re: FMAT 159 of 2024 with CAN 1 of 2024

1. The present challenge has been preferred against the grant of an ad interim order of status quo.

2. Learned counsel for the defendants/appellants argues that the ad interim injunction in the form of status quo granted by the impugned order is contrary to and beyond the scope of the relief of permanent injunction sought in the suit itself. Whereas in the suit, in prayer ‘Kha’, injunction has been sought in respect of the possession of the plaintiff, in the interlocutory injunction application, on the basis of which the ad interim order has been passed, the plaintiffs/respondents sought for injunction in respect of change of nature and character of the suit property.

3. Furthermore, learned counsel for the appellants takes the court through the reliefs sought in the suit as well as the two different schedules, that is, Schedules ‘Ka’

and ‘Kha’, of the plaint and the injunction application. It is evident from the prayers