- (1.) This application is at the instance of the Plaintiffs and is directed against the order No. 3 dated September24, 2010 passed by the learned District Judge, Howrah in Misc. Appeal No. 248 of 2010 thereby reversing the order dated August 19,2010 passed by the learned Civil Judge (Junior Division), First Court, Howrah in Title Suit No. 69 of 2009.
(2.) The short fact is that Plaintiffs instituted a title suit being the Title Suit No. 69 of 2009 against the opposite parties for partition, declaration and injunction in respect of the properties mentioned in the schedule of the plaint. The Defendants are contesting the said suit. The Plaintiffs obtained a sanctioned plan from the Panchanyat Authority and they are making construction according to the sanctioned plan. At that time, an objection was raised by the opposite parties contending, inter alia, that the Plaintiffs are making constructions on the best portion of the land and that they did not obtain any sanctioned plan for making the construction. The Defendant Nos. 1 to 7 filed an application under Order 39 Rules 1 & 2 of the Code of Code of Civil Procedure to that effect and that application was rejected by the learned Trial Judge. Being aggrieved, the Defendants preferred a misc. appeal which was allowed by the impugned order. Being aggrieved, the Plaintiffs have preferred this application.
(3.) Mr. Mukherjee, learned Advocate appearing on behalf of the Petitioners, submits that his clients filed the suit for partition, declaration and injunction and his clients are in exclusive possession of the portion in respect of which the construction has been made in part. He also submits that by way of an affidavit in their objection, the Petitioners have stated that they will not claim any equity in case the land in question falls to the other side and that they would remove the construction on their own costs.;