Prasenjit Mandal, J. - (1.) CHALLENGE is to the order dated March 10, 2011 passed by the learned Additional District Judge, Alipore in Misc. Appeal No.513 of 2010 thereby affirming the order dated August 30, 2010 passed by the learned Civil Judge (Junior Division), 3rd Additional Court, Alipore in Title Suit No.227 of 2008.
(2.) THE plaintiffs / opposite parties filed a suit being the Title Suit No.227 of 2008 for declaration, permanent injunction and other reliefs. THE defendants / petitioners herein are contesting the said suit. THE plaintiffs filed an application for temporary injunction and then, the learned Trial Judge disposed of the application restraining the defendants / petitioners herein from dispossessing the plaintiffs from its registered office at 49/5/H/149, Karl Marx Sarani, Kolkata-700023 till the disposal of the suit. Being aggrieved, the defendants preferred a misc. appeal being Misc. Appeal No.544 of 2008 and the misc. appeal was allowed on contest with liberty to dispose of the application for temporary injunction filed by the plaintiffs without being influenced by the observations made by the Lower Appellate Court by an order dated December 19, 2009. Thereafter, a civil revision being C.O. No.165 of 2010 was preferred by the plaintiffs and thus, the revisional application is disposed of by this Bench supporting the order of the Lower Appellate Court.
(3.) THEREAFTER, the plaintiffs filed an application for mandatory injunction asking the defendants to restore possession to the plaintiffs, holding that the defendants in violation of the order of injunction took forcible possession of the premises in question. The defendants preferred a misc. appeal being the Misc. Appeal No.513 of 2010 and that misc. appeal was disposed of by the learned Additional District Judge, 11th Court, Alipore on March 10, 2011 affirming the order of the learned Trial Judge dated August 30, 2010. Being aggrieved by such orders, this revisional application has been preferred. Now, the question is whether the impugned order should be sustained. Upon hearing the learned Counsel and on going through the materials on record, I am convinced that there is nothing to interfere with the impugned order. The learned Lower Appellate Court has passed a reasoned order thereby affirming the order dated August 30, 2010 passed by the learned Civil Judge (Junior Division), 3rd Additional Court, Alipore in Title Suit No.227 of 2008.;