- (1.) This application is at the instance of the plaintiffs and is directed against the Order No.44 dated June 13, 2005 passed by the learned Additional District Judge, Fast Track 4 th Court, Medinipur in Title Appeal No.214 of 2001 thereby allowing an application under Order 39 Rule 7 of the C.P.C. filed by the opposite party no.1.
(2.) The fact in short is that one Phani Bhusan Mitra was the original owner of the suit property along with other portion of the plot in suit and after his death, his three sons inherited the said suit property. There were some trees in some portion of the plot in suit and the rest portion was vacant. In 1948, Phani Bhusan Mitra sold 27 decimals of land out of the plot in suit to one Monoranjan Ghosh by a registered deed. 9 decimals of land out of the plot in suit were acquired by the Bengal Nagpur Railway and 5.83 acres of land out of the plot in suit were acquired for a public road. The petitioners and the proforma defendants are the heirs and successors of the said Phani Bhusan Mitra and they retained 23.45 acres of land in their possession by submission of B Form and out of the said retained land, 2.34 acres of land and 4.58 acres of land were acquired for National Highway No.6. But the State treated the suit property as vested and as such, the heirs of Phani Bhusan Mitra filed a title suit being Title Suit No.77 of 1979 against the opposite party nos.2 and 3 praying, inter alia, for declaration of their right, title and interest in suit property, permanent injunction and other reliefs.
(3.) The opposite party nos.2 and 3 contested the said suit by filing a written statement denying the material allegations raised in the plaint. The learned Trial Judge decreed the suit on April 11, 1985 in favour of the predecessors-in-interest of the petitioners and proforma opposite parties and the defendant nos.2 and 3 were restrained from disturbing the peaceful possession of the plaintiffs in the suit property.;