SMT. NILIMA MARIK Vs. SRI MRITUNJOY GHOSH

JUDGEMENT

(1.) This first appeal is directed against the judgement and decree dated 13th May, 2016 passed by the learned Judge, Xth Bench, City Civil Court at Calcutta in Title Suit No. 1311 of 2002 at the instance of the plaintiffs/appellants. By the impugned decree, the plaintiffs' suit for declaration and injunction was dismissed on contest against the defendant without costs.

(2.) In the instant case, we find that the suit was dismissed only by deciding the issue regarding maintainability of the said suit due to defect of parties. Since the other issues of the said suit have not yet been decided by the learned Trial Judge, we feel that the present appeal can be decided on merits even without calling for the lower court record. Accordingly on the request of the learned counsel appearing for the parties, we dispense with the requirement of filing paper book in this appeal and have heard the learned counsel appearing for the parties on the merits of the appeal.

(3.) In the said suit, the plaintiffs/appellants prayed for declaration that one Ranjit Kumar Marik @ Ghosh being the husband of the plaintiff no.1 and the father of the plaintiff nos. 2 and 3 a resident of Premises No. 9/2, Radha Madhab Goswami Lane, P.S. Shyampukur, Calcutta-700003 is dead. A decree for permanent injunction was sought for restraining the defendant/respondent and his men from interfering with the peaceful possession of the plaintiffs in the suit property.