Misc Case No.6/2018-2019 is illegal, void ab-initio; for cancellation of the registered deeds of sale bearing deed Nos.140, 141 and 142 all dated 12.03.2018; for cancellation of the mutation of the names of the defendant numbers 2, 3 and 4; for recovery of possession and for permanent injunction. The said suit was registered and numbered as Title Suit No.1/2020 before the Court of the Munsiff Chirang at Kalaigaon. In the said suit an injunction application was also filed with a prayer to restrain the opposite parties No.2, 3 and 4 who are the petitioners herein from proceeding with the construction over the suit land till the disposal of the title suit. The petitioners herein have filed their written statement in the said suit as well as also filed their written objection to the injunction application. In the written objection filed it was specifically contended that the petitioner i.e, the respondent herein have no prima facie case for grant of injunction inasmuch as, the rights upon which the respondents herein have claimed cannot be made applicable in respect to the suit land. As regards balance of convenience it was stated that the petitioners had constructed the boundary wall and has also started construction of the RCC building and about to complete the process of casting of his roof and any injunction, if passed would cause irreparable loss and injury to the petitioners herein.
