P. Mandal, J. - (1.) This application is at the instance of the plaintiff and is directed against the order dated August 30, 2010 passed by the learned Judge, City Civil Court, 3rd Bench, Kolkata in Title Suit No.1211 of 2005 thereby refusing to pass a decree on admission and directing the defendant no.8 to file a written statement.
(2.) The plaintiff instituted a declaratory suit being Title Suit No.1211 of 2005 against the defendants / opposite parties herein before the learned Judge, City Civil Court, 3rd Bench, Kolkata. He prayed for declaration that the four powers of attorney executed by four predecessors -in -interest of the plaintiff in favour of the defendant no.1 is void and for declaration that the sale -deed executed by the defendant no.1 by the powers of attorney in favour of the defendant no.s 2 to 6 is void. He has prayed for appointment of a Receiver, injunction and costs.
(3.) In that suit, the defendant no.s 2 to 9 appeared and filed a joint application dated May 30, 2008 stating that they had no objection if the suit is decreed as prayed for by the plaintiff. They also stated that they did not intend to contest the said suit. The said application was supported by separate affidavits from the said defendants.;