Thereafter, leave was granted by the learned Single Judge taking up interlocutory matters under Order I, Rule 8 of the Code on 30th July, 2002 and writ of summons was issued immediately thereafter and served upon the defendants.
The defendants respondents herein were also restrained from interfering, in any manner, with the plaintiffs interest in the suit properties, including the properties which were directed to be restored in terms of the injunction order.
By subsequent Letters Patent dated 26th June, 1862, the High Court at Bombay and Madras were also established.
An application for interim injunction was also filed in the suit on behalf of the appellants and as will appear from the materials on record an application under Section 8 of the Arbitration and Conciliation Act, 1996, was also filed on behalf of the respondents.
The facts of the case resulting in the judgment under appeal may number be stated in brief for proper understanding of the various provisions of the Letters Patent, the Original Side Rules and the Code.
Within such local limits, the High Court was authorized to try and determine suits of every description, except those falling within the jurisdiction of the Small Causes Court at Calcutta.
Consequent to such authority, the Letters Patent dated 14th May, 1862 was issued establishing the High Court of Judicature at Calcutta.
The learned Single Judge directed that the interim order would remain in force till the disposal of the suit.
The said application for interim injunction was allowed by an Order dated 2nd April,2004 passed by the learned Single Judge whereby the respondents were directed to restore the companydition of the plaintiffs roof top companyling towers and the western side ground floor of the suit premises, as was existing on the date of the institution of the suit, within a period of three weeks from the date of the order.
Aggrieved by the said order of the learned Single Judge, the respondents herein preferred an appeal, being APOT No.
The Letters Patent empowered the High Court of Calcutta to exercise Ordinary Original Civil Jurisdiction within the local limits of the Presidency town of Calcutta as might be prescribed by a companypetent Legislative Authority for India.
214/2004, before the Division Bench of the Calcutta High Court and the same appears to have been taken up for hearing firstly on 27.4.2004 and thereafter on subsequent dates.
Apart from its Original Jurisdiction, the Letters Patent vested the High Court with wide powers including appellate powers from the Courts of Original Jurisdiction and in procedural matters, the High Court was given the power to make rules and orders in order to regulate all proceedings, civil and criminal, which were brought before it.
The appellants in the instant appeal claiming to be the owners of the entire floor, the 1st floor and a portion of the basement of Premises No.33 A, Jawaharlal Nehru Road, Calcutta, filed a Civil Suit No.352/2002 in the Calcutta High Court on or about 26th July, 2002 against the respondents herein inter alia for certain orders of injunction against the said respondents in respect of their right, title and interest in the said portions of the premises in question.
In August 1861, the British Parliament passed the Indian High Courts Act which empowered the Crown to establish, by Letters Patent, High Courts of Judicature at Calcutta, Madras and Bombay.
ALTAMAS KABIR,J. The submissions advanced in this appeal by way of special leave necessitates a brief glance into the historical origin of the Calcutta High Court.
