Subhro Kamal Mukherjee, J. - (1.) THIS is an appeal against order No. 83 dated June 23, 2010 passed by the learned Civil Judge (Senior Division), Second Court at Contai, district- Purba Medinipore in Title Suit No. 79 of 2007.
(2.) BY the order impugned, the learned trial judge partially modified the interim order of status quo, passed in connection with an application for temporary injunction filed by the plaintiff in the said suit, dated September 13, 2002, by permitting the defendant No. 6 to make construction of the school building & kitchen-cum-store as per the government sanctioned plan. The application for temporary injunction is, still, pending before the learned trial judge. The suit, inter alia, for partition and permanent injunction was instituted in the Court of the learned Civil Judge (Senior Division), First Court at Contai, district-Purba Medinipore. The suit was registered as Title Suit No. 202 of 2002. Eventually, the said suit was transferred to the Court of the learned Civil Judge (Senior Division), Second Court at Contai, district- Purba Medinipore and was renumbered as Title Suit No. 79 of 2007. The suit was instituted by Bikash Ranjan Pahari, the respondent No. 6 in this appeal. One Amal Pahari alias Bhimsen Pahari was the defendant No. 1 in the said suit. On the death of the said defendant No. 1, his heirs and legal representatives were substituted and were, also, transposed in the category of the plaintiffs by order dated April 27, 2005. The transposed plaintiffs are the appellant and the respondent Nos. 7 and 8 in this appeal.
(3.) IN the amended plaint, it was stated that Pradyut Kumar Pahari, since deceased, was the original owner of the property-in-dispute. He died intestate before the Hindu Succession Act, 1956. Consequently, the properties devolved upon his five sons, namely, Bikash Ranjan Pahari, the plaintiff, Amal alias Bhimsen Pahari, the original defendant No. 1, Adyanath Pahari and Kumud Ranjan Pahari, the defendant No. 2 and 3 respectively and Ananta Pahari, the father of the defendant No. 4, namely, minor Arup alias Laltu Pahari. Therefore, the heirs and legal representatives of Pradyut Kumar Pahari inherited the property to the extent of 1/5th (one-fifth) share each. After the death of Ananta Pahari, since deceased, the defendant No. 4 inherited 1/5th (one-fifth) share of his father and he is represented by his uncle and next friend, namely, Adyanath Pahari, the defendant No.2.;