- (1.) This application for review is directed against the judgment and order dated June 24, 2011 passed by this Bench in C.O. No.1271 of 2008.
(2.) The applicants are the heirs of the original plaintiffs. The plaintiffs filed a suit being Title Suit No.161 of 1990 for declaration of title, permanent injunction and other reliefs against the opposite parties before the learned Civil Judge (Junior Division), Hooghly. The defendants / opposite parties herein are contesting the said suit by filing a written statement denying the material allegations contained in the plaint and they have contended that their predecessor-in-interest got the property by way of permissive possession and the R.S. record had been made in his name as permissive possession. They have their homestead on the plot in suit.
(3.) The original plaintiffs filed an application for local investigation and the opposite parties raised an objection against that application. The said application for local investigation was rejected. Subsequently, the petitioners filed an application for review under Order 47 Rule 1 of the C.P.C. and that application was allowed. The opposite parties challenged that order, but their application was rejected and accordingly, a misc. appeal being Misc. Appeal No.71 of 2006 was filed before the learned District Judge and the said misc. appeal was transferred to the Court of the learned Civil Judge (Senior Division), Additional Court, Hooghly. By the impugned order, the learned Judge has allowed the said misc. appeal. Being aggrieved, an application under Article 227 of the Constitution was filed and that application was dismissed by the judgment and order under review.;