SUBRATA TALUKDAR,J. - (1.) Sri Biswarup Biswas, learned counsel, appears on behalf of the petitioners. Sri Samarendra Nath Biswas, learned counsel, appears on behalf of the opposite parties.
(2.) The short challenge in CO 2928 of 2007 is to the order impugned no. 59 dated 28th of June, 2007 passed by the learned Civil Court (Junior Division), Tehatta, Nadia in Title Suit No. 443 of 2004.
(3.) By the said impugned order the learned Trial Court was pleased to come to the finding that at the time of writing judgment it came to the notice of the Court that the declaration of title to the property is necessary for adjudication of this suit. The plaintiffs have filed the suit for recovery of possession of suit property and mesne profit without making a prayer for declaration of title.;