26 Rightly or wrongly constructions have come up. They cannot be
directed to be demolished at least at this stage. Respondent 7 is
said to have spent three crores of rupees. If that be so, in our
opinion, it would not be proper to stop further constructions.
27 We, therefore, are of the opinion that the interest of justice would be
sub served if while allowing the respondents to carry out
constructions of the buildings, the same is made subject to the
ultimate decision of the suit. The trial court is requested to hear out
and dispose of the suit as early as possible. If any third-party
interest is created upon completion of the constructions, the deeds
in question shall clearly stipulate that the matter is sub judice and
all sales shall be subject to the ultimate decision of the suit. All
parties must cooperate in the early hearing and disposal of the suit.
The respondents must also furnish sufficient security before the
learned trial Judge within four weeks from the date which, for the
time being, is assessed at rupees one crore.
Home High Court Calcutta High Court Srijan Realty Pvt. Ltd. & Ors vs John Augustine & Anr on...