P. Mandal, J. - (1.) Challenge is to the Order No. 41 dated December 16, 2010 passed by learned Civil Judge (Junior Division), Haldia in Title Suit No. 176 of 2007. The Defendant No. 1 has filed this application against the Plaintiffs / opposite parties herein and the other proforma Defendants challenging an order of disposal of the application under Sec. 151 of the Code of Civil Procedure filed by the Defendant No. 1 on August 30, 2010.
(2.) The short question involved in the matter is whether the Court could pass an order giving permission to make construction to the applicant on a non -suit plot being No. 61.
(3.) By the application under Sec. 151 of the Code of Civil Procedure under reference, the Petitioner sought for permission to make construction according to the sanctioned plan obtained from the concerned Gram Panchayat and that application was rejected by the learned Trial Judge. Being aggrieved, this application has been preferred.;