JUDGEMENT
Bhaskar Bhattacharya, J. -
(1.) This revisional application is at the instance of judgement
debtors and is directed against Order No.
12 dated November 29, 2000 passed by the
learned Civil Judge, Junior Division, Kalna in
Title Execution Case No.1 of 1998 thereby
allowing an application under Section 152 of
the Code of Civil Procedure read with Section
151 thereof for amendment of the decree
passed in Title Suit No. 109 of 1982.
(2.) The opposite party brought against the
petitioners in the Court of learned Munsif at
Kalna a suit being Title Suit No. 109 of 1982
thereby praying for declaration of his right of
way and drainage of water from A scheduled
property to the Municipal Main Road through
B scheduled property and for mandatory injunction directing the defendants to remove
the encroachment on B scheduled property by
removal of cowshed built thereon. A further
prayer for perpetual injunction restraining the
defendants from interfering with the plaintiffs
aforesaid right over the B scheduled property
was also claimed.
(3.) Such suit was decreed on contest by
the learned trial Judge on August 31, 1997.;
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