LAWS(CAL)-2026-4-7

WINSHER TIE-UP PRIVATE LTD. Vs. GTR COMPANY PRIVATE LTD

Decided On April 10, 2026
Winsher Tie-Up Private Ltd. Appellant
V/S
Gtr Company Private Ltd Respondents

JUDGEMENT

(1.) The petitioners are the defendant Nos.1 and 2 in Title Suit No. 658 of 2020. The said title suit is pending before the learned Civil Judge(Senior Division) 2nd Court at Barasat.

(2.) The opposite party No.1 as plaintiff filed the said suit for recovery of possession and permanent injunction under Sec. 6 of the Specific Relief Act, 1963. The hearing of the application for temporary injunction was fixed on January 28, 2021. The plaintiff/opposite party No.1 filed four applications. By three different applications, the plaintiff prayed for amendment of the plaint, the injunction application and the application for local inspection. The fourth application was for deferring the hearing of the injunction application till the disposal of the amendment application. By order dated January 28, 2021, the hearing of the injunction application was deferred. The ad-interim order of injunction was vacated as the learned court was of the opinion as the ad interim order was passed in respect of a property which was allegedly incorrect, the ad interim order did not deserve to be extended.

(3.) The applications for amendment came up for hearing on February 1, 2021, when the learned trial judge allowed the said applications, thereby, permitting the plaintiff to amend the plaint, the injunction application and also the application for local inspection. Aggrieved by the aforementioned order, the petitioners preferred this revisional application.