TAPAN KUMAR DUTTA,J. - (1.) This Court has heard the learned advocates for the respective parties as a caveat has been lodged on behalf of the defendant/opposite party.
(2.) The facts of the case, briefly, are as follows:- The plaintiff/petitioner has filed a suit for declaration of her alleged easement right over the suit land which, according to the plaintiff/petitioner, is a footpath and the plaintiff/petitioner has right of way over such footpath. In the plaint, the plaintiff/petitioner has also prayed for a decree for ejecting the defendant/opposite party to demolish the construction made by the defendant on such suit land. There are other prayers in the plaint, as will appear from a copy of the same, annexed to the application.
(3.) It appears that the plaintiff/petitioner had also filed an application for injunction but such application for injunction when it ultimately came up for hearing, was dismissed by the learned trial court by its order dated 21.03.2011. Challenging the said order dated 21.03.2011, the plaintiff/petitioner filed a Misc. Appeal No. 04 of 2011 in the court of the learned District Judge, A and N Islands, at Port Blair. The learned District Judge by the impugned order has dismissed the said Misc. Appeal. Challenging such impugned order, the plaintiff/petitioner has filed the present application under Article 227 of the Constitution of India.;