Harish Tandon, J. - (1.) THIS revisional application is directed against order No. 88 dated 21st July, 2015 passed by the learned Judge, Small Causes Court at Sealdah in Title Suit No. 57 of 2014, by which an application under Order IX Rule 5 of the Code of Civil Procedure praying for dismissal of the suit is rejected.
(2.) ADMITTEDLY , the aforesaid suit was instituted in the year 2000 for the relief in the form of declaration that the plaintiffs/opposite parties have undivided half share in the suit property with further declaration that the purported deed of conveyance executed between the defendant Nos. 1, 2 and 3 on 9th November, 1992 is illegal, invalid and void having obtained by fraud. In the said suit, an application for injunction was taken out by the plaintiffs/opposite parties and by order No. 12 dated 15th July, 2003, the Trial Court passed an ex parte ad interim order of injunction restraining the parties from selling, transferring, mortgaging, leasing out and/or parting with the possession of the suit property until further order.
(3.) THE defendant No. 1 appeared and showed his intention to contest the suit as well as the injunction application.;