JUDGEMENT
Sanjay Karol,CJ. -
(1.)The petitioners have prayed for the following reliefs:
"i) Issue Notice, calling upon the respondents and each one of them, to show cause as to why the superintending powers of this Hon'ble High Court, under Article 227 of the Constitution of India, shall not be invoked, and further show cause as to why the impugned Order dtd. 15/11/2017 (Annexure-9 supra), passed by the Ld. Civil Judge, Senior Division, Gomati Tripura, Udaipur in Civil Misc.158 of 2017 arising out of T.S.(P) 04 of 2017, shall not be held to have suffered from jurisdictional defect, and also show cause as to why the said impugned Order dtd. 15/11/2017 (Annexure-9 supra), passed by the Ld. Trial court shall not be quashed/set aside;
ii) Issue Notice, calling upon the respondents and each one of them, to show cause as to why the operation of the impugned Order dtd. 15/11/2017 (Annexure-9 supra), passed by the Ld. Civil Judge, Senior Division, Gomati Tripura, Udaipur in Civil Misc. 158 of 2017 arising out of T.S.(P) 04 of 2017, shall not be stayed/suspended, in exercise of the superintending powers of this Hon'ble High Court, conferred under Article 227 of the Constitution of India, till the final disposal of this Civil Revision Petition;
iii) In the Ad-Interim, and thereafter, on hearing the parties, in the Interim, an Order, in terms of Prayer (ii) above;
iv) Call for the records appertaining to this petition;
v) After hearing the parties, be pleased to make the Order Absolute in terms of Prayers i. to iii. above;
vi) Costs of and incidental to this proceeding;
vii) Any other Relief(s) as to this Hon'ble High Court may deem fit and proper;"
(2.)Plaintiffs Smt. Poulami Datta (Deb) and Smt. Poushali Datta (Paul) being legal heirs of Late Nripendra Ch. Datta filed a suit for partition against their brother Sri Nirmalendu Datta, impleading proforma-defendant Nos.1 to 10 as tenants over the joint property of their deceased father. The said proforma defendants filed a written statement disputing the factum of tenancy but claiming to have perfected their title by way of adverse possession.
(3.)The plaintiffs filed an application under Order VI Rule 17 seeking amendment of the plaint claiming possession from the said proforma-defendants.
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