Tthe Si os

o r d e r N 0 . 2 d t e d0 2 . 0 8 . , 3. 18

i
cking inier
sc°king
inierim
njunction is
prayC' tne plainiff. noved
he

ard
Ld.Advocate
Or
orused ihe rer
onsidercc. ord.

ol the case in a
nutshc!l
nutshell is
that the tenant
with regard toa shiup
I he tacts on a plain
plaintilf is thly and hhas he
efendant and
described
in theC
schedule i
monthly renu mon
under
thC
(Clcndant

s
Carrying
à
businCSs
oi lurniture
under the nameof style
s 300/ I'urnish ilome. The plaintift
of defendant no.l and for whiand style any rent receipt from th reni
any
detedan1 No. 4 nave neen
plannino: demanded

h e in ever
delendant
No.4.
and hegan lo create unduo O
defendarnt
with other de
prese t h other
deiniff collision
and other tenanis. Ine
cvict the planiilt issuedanu the tenants lor
als0 upon all
O8r
d e f e n d a n t s , d n d
alling
nd suti wds held
n d such Was held o n ie
on aled
16.Os 05.201d c i l e d that the delendant na.
iripartite Ineeting 2018 tuhen n o steps Wds
seltlc h e
m a l e r
amicably . S i n c e

nd 4 would
owever

defendants. 1 he detendants 1.2 an.Dlaintilt Ce to

the the defendant no 4
by the a notl
also issIed
the suin buildiu Cuajidated one.
rcquesting
him t0 demolish

he buildins
c ihe suit buildi
ds

he pudie as regard dangor laring allixCd o n

banner informing was also
also the presen
assertion has filed tho Structuie incidcnt tnerel
on such as an
Ihe planitilt ldnt su and
prayer under consideration.

Gocuments wht
tiled
As regards cxistcnce o' d prima lacir casc, I fin has

hat th plainufl Or perpeud

TdcCily ol his asserted DCinß dsu
sland as proot prima POssession.
Also.
,2ancd.1.
herelore

nolcC 15 heCCSSary lo be serve delendanis

junction. no prior upon the i r e p a r a d i e injury
it
ioe
the inslitution of the
i n d no nar t0 suit. As regards I v e i h o o d would stand
Unisstage, is cvicted witha
Slant
law, his
dppear
tndt i the plainilt
process of
u i l e r r e d by him
and the injury ssuilerred him would of course be irrepalau
ury
regards the balancC o1 c o n v e n i e n c e and
inconvenience it does appear u him Would p fr
s u f l e r r e d by
is CVicted by force, the
and the planntilt i c incon v e n i e n c e
order is passcu. 10weve ve
I
granted
whicn nignt de suilcred by the defend.arits if an
hetter than ihat is present,
Ihere IS inoi
r l e r i o n 1or Uhe intorim initunction
grant of
such ihreC Cgdl thdt
t lnete is
nough De C o n s i d e r e d .
documents il appcars
(On perusal of the *e
to
which requires of ihe m i n u t c s D
spect in d dilapidated condition. 0n perusal
huilding 1s dcimoliuon nrier
denial hat the had issued a
il also appears tha: the SDM
oi the i p d u t C meciing,
e
restramp
pror eeding
!1 a n order ot interim injunctioD
is passcd simpliciter Tdi.s
ol 2014. Now, such preniSCs
n the ycar uniorseen event,
defendants 1,2 and
s irom demolISing such, and if in J n y also 0 passers y
inhabitants but
not only jcopardise
the life of onl y the due power
would acts proVides
down, such the municipal
h o u s c s . Also scc 327(2) of ds
ot ihe adjaceni is regarde
suit property
and persons evaruation if the
in council to order immediale such would noi e
to the
chairman for is passcd,
il the order as praycd ol liVes and
dangeroUs. I1ence, countless number
Deung miminentiy would brins; into risk
sOCial good and
C o n d u c i v e to the grcaler
order of interim injunction.
inclined to pass any
for which i not
Hence, it is hereby;

ORDERED

refuscd at this staßc.

adinterim injunction stands 15 days from the
date of s e r v n
that the prayer foi show cause within
defendants to The plaintiti o
the shallnot granted.
SSuc notice calling upon
temporary
injuiktIOn
for
he notice as to why tne prayer
O
ile requisites.
io 17.08.18 for S/R of noice.

D/C.by me: Civil judgtJr.Divn)

Civil dge(Jr.Divn) Kurscong

Kurseon8 Cv Judge
'*. i
vudge 'Jr. U. Kurron
Kureon