- (1.) Challenge is to the order no.23 dated March 25, 2008 passed by the learned Judge, City Civil Court, Seventh Bench, Calcutta in Title Suit No.752 of 2006 thereby rejecting the application of the defendant nos.1 & 2 for passing mandatory order of injunction.
(2.) The plaintiffs instituted a title suit being Title Suit No.752 of 2006 before the learned Judge, City Civil Court, Calcutta praying for declaration and permanent injunction. The defendant nos.1 & 2/petitioners herein filed a written statement 2 in that suit and they are contesting with the said suit. During pendency of the suit, the defendant nos.1 & 2 filed an application contending, inter alia, that they have been dispossessed from the premises in suit and as such, they filed an application praying for mandatory injunction for restoring the possession of the suit premises in their favour. That application was rejected by the impugned order. Being aggrieved, this application has been preferred.
(3.) Now, the question is whether the impugned order should be sustained.;