PRASENJIT MANDAL,J. - (1.) THIS application is at the instance of the defendant no.1 / appellant and is directed against the Order dated January 13, 2012 passed by the learned Additional District Judge, 8th Court, Alipore in Misc. Appeal No.537 of 2010 affirming the order dated August 18, 2010 passed by the learned Civil Judge (Junior Division), 3rd Court, Alipore in Title Suit No.83 of 2007.
(2.) THE plaintiffs / opposite parties herein instituted the aforesaid suit for declaration of right, title and interest in respect of the suit property, permanent injunction and other reliefs. The defendants are contesting the said suit by filing a written statement denying the material allegations raised in the plaint. While filing the suit, the plaintiffs filed an application for temporary injunction and upon consideration of the materials on record, the learned Trial Judge directed both the parties to maintain status quo in respect of the suit property by an interim order. Subsequently, the learned Trial Judge disposed of the application under Order 39 Rule 1 & 2 of the C.P.C. maintaining the same order as passed in the interim nature. The defendant / appellant / petitioner herein preferred an appeal being Misc. Appeal No.537 of 2010. By the impugned order, the learned Appellate Court dismissed the said misc. appeal thereby affirming the order passed by the learned Trial Judge on the injunction matter. Being aggrieved, this application has been preferred. Having heard the learned Advocates of both the sides and on perusal of the materials on record, I find that the learned Courts below have failed to appreciate the defence stance properly. Admittedly, the parties are closely related and they have come from the common ancestor. The entire property measuring about 1245 decimals of land originally belonged to Md. Hasim Halder. There were several transfers of share amongst the co-sharers. The plaintiffs ' father purchased the property earmarked as S-58 and the defendants / predecessors purchased other portion marked S-59. While describing the cause title, the plaintiffs have specifically stated in the plaint that the plaintiffs reside at S-58, Marry Road, Halderpara Lane, under P.S. Metiabruz, Kolkata-700018 and the defendants reside at premises no. S-59, Marry Road, Halderpara Lane, under P.S. Metiabruz, Kolkata-700018.
(3.) IT is an admitted position that both the parties to the suit inherited the ancestral properties. The defendants have contended that the original plot was partitioned into two separate allotments being S-58 and S-59. The plot bearing No.S-58 was allotted to the plaintiffs and the plot No.S-59, to the defendants. Mutation had been done accordingly with the Kolkata Municipal Corporation and separate premises numbers were allotted. This is also apparent from the cause title of the suit.;