- (1.) This application is at the instance of a third-party and is directed against the Order dated January 13, 2010 passed by the learned Civil Judge (Senior Division), 2 ndCourt, Alipore in Title Suit No.121 of 1962 thereby allowing an application under Section 151 of the CPC for direction that the order of injunction passed by the learned Court on June 16, 2006 be maintained by the parties to the suit and also to direct the O.C., Purba Jadavpur P.S. to assist Sri Ashoke Roy, learned Receiver appointed in the case in all possible manner so that he can perform his duties entrusted upon him for protection and preservation of the suit property.
(2.) The following facts are etymologized for the purpose of the disposal of this application: (i) A suit for partition being Title Suit No.43 of 1956 was instituted among the co-owners, namely, Sanfui family, Naskar family, Mondal family & Sardar family in the year 1956 before the learned Civil Judge (Senior Division), Alipore and the said suit was renumbered subsequently as Title Suit No.121 of 1962. (ii) In that suit, Gangadas Pal (since deceased) was not a party to the suit at the inception. Then, in 1957, Gangadas Pal was added as defendant No.54 in the said suit and he died in the year 1958. Gangadas Pal was the owner of land measuring 20.184 acres of land which is also the suit property. (iii) In that suit, one Ranjit Kumar Ganguly (since deceased) was appointed Receiver in respect of the entire suit property and the said Receiver took possession of the entire suit properties on November 30, 1958. (iv) In the meantime, several defendants died, the land of Gangadas Pal had been vested in the State and another application was made for addition of the heirs of Gangadas Pal, since deceased. (v) The amendment of the plaint took place. (vi) Steps were taken for setting aside abatement. (vii) In 1991, the heirs of Gangadas Pal challenged the order of vesting of the lands of Gangadas Pal and the order of vesting was quashed by the learned Single Judge of this Hon'ble Court on April 16, 2003 and the said order was affirmed by a Division Bench of this Hon'ble Court. Special Leave Petition was filed before the Hon'ble Apex Court by the State Government, which was also dismissed. (viii) In June 2006, an application for temporary injunction was moved to restrain all the persons from changing the nature and character of the suit property. Then a consent order of status quo was passed by the learned Trial Judge in respect of the suit property restraining the parties from selling, transferring, alienating or otherwise disposing of the suit property to any third-party in any manner whatsoever and also from changing the nature and character of the suit property. (ix) On July 03, 2006, the learned Court directed the O.C., Purba Jadavpur P.S. to ensure compliance of the order dated June 16, 2006. (x) On August 19, 2008, the West Bengal Housing Board purchased by way of two conveyances the half share of 20.184 acres of the land from Sohanlal Manpuria and Narendra Manpuria. The said Board also purchased the other half share of 20.184 acres of land directly from the heirs of late Gangadas Pal by three separate deeds and thus, the said Board claimed to be the 16 annas owner of the land previously belonged to Gangadas Pal. (xi) In November 2009, the plaintiff No.2 complained to the O.C., Purba Jadavpur that the nature and character of the suit properties were being changed by the men and agents of Bengal Ambuja and the West Bengal Housing Board. Accordingly, by the impugned order, the learned Trial Judge directed the Superintendent of Police to see that the consent order of injunction was maintained by the parties. (xii) Original Receiver, namely, Ranjit Kumar Ganguly died and then Sri Shankar Sen was appointed Receiver of the suit property.
(3.) Shankar Sen was removed from the office of the Receiver by an Order dated December 3, 2009 passed by the learned Trial Judge and then Sri Ashoke Ray was appointed Receiver and he took physical possession of the suit property partly and symbolical possession partly on December 24, 2009. Being aggrieved by the impugned order, this application has been preferred.;