- (1.) These two applications have arisen out of the same order and as such, both are disposed of by this common judgment. For convenience, now I am discussing the C.O. No. 3335 of 2007. C.O. No. 3335 of 2007:- This revisional application is directed against the order dated April 24, 2007 passed by the learned Judge, City Civil Court, 4th Bench, Calcutta in Title Suit No. 1238 of 2003 thereby rejecting the prayer of the learned Receiver for initiation of legal proceedings against the illegal occupiers.
(2.) The plaintiffs instituted a suit being Title Suit No. 1238 of 2003 against the defendant/opposite party before the City Civil Court, Calcutta for declaration, injunction, cancellation of documents, other reliefs etc. The defendants are contesting the said suit. The plaintiffs filed an application for appointment of a Receiver in respect of the premises in suit and a Receiver was appointed as per order of this Hon'ble Court. The Receiver is functioning. Thereafter, the receiver filed an application for permission to proceed against the unauthorised occupiers of the premises in suit and 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.;