- (1.) The hearing stems from an application under Article 227 of the Constitution of India filed by the defendant No. 1 6 / petitioner praying for revision of the order dated 09.02.2009 passed by learned A.D.J., 4th Court at Midnapor, District Midnapore (West) in Misc. Appeal No. 109 of 2007 reversing the order No. 14 dated 14.09.2007 passed by learned Civil Judge (Junior Division) at Jhargram in T.S. No. 8 of 2007.
(2.) Plaintiff / Opposite party No. 1 7 initiated Title Suit No. 8 of 2007 before the learned Civil Judge (Junior Division) at Jhargram against the opposite party No. 8 and 9 inter alia praying for declaration of their right, title and interest in respect of Ka schedule suit property and also for injunction restraining the defendants / petitioners from disturbing the peaceful possession and enjoyment of the opposite party No. 1 7 in respect of Ka schedule property.
(3.) Learned Civil Judge (Junior Division) granted an ex-parte interim order of injunction which was subsequently vacated after contested hearing. Opposite party No. 1-7 preferred the Misc. Appeal No. 109 of 2007 before Learned D.J., Midnapore which was transferred to the A.d.J., 4th Court at Midnapore. Learned A.D.J. after hearing both side allowed the appeal on contest against the petitioner but without any cost and set aside the order No. 14 dated 14.09.2007 passed by learned Civil Judge (Junior Division) at Jhargram.;