- (1.) That the opposite parties 1, 2 and 3 as Plaintiff instituted the present suit for partition and injunction. Brief fact is that the parties to the suit are the owners in occupation of the suit property, being 15B Mansatala Lane, Police Station- Watgunj, Kolkata-700 023, consisting of three storied building mentioned in the schedule to the plaint where the owners reside in their respective separate mess. It is alleged that the Plaintiffs are facing difficulties in joint use and enjoyment of the property and requested the Defendant nos. 1 and 2 for amicable partition but they paid no heed to requests of the plaintiffs. Hence, the suit for partition, declaration and for permanent injunction.
(2.) That the Petitioners on receipt of the summons of the case entered appearance and on 26th June, 2013 filed written statement along with counter claim wherein your Petitioners brought the landed property having as area of 572 decimals in Khatian no. 1164, Dag No. 9603 (27 decimals) Khatian No. 1816, Dag No. 9608 (194 decimals) Khatian No. 1894, Dag No. 9610 (13 decimals) Khatian No. 1816, Dag No. 9611 (57 decimals), Khatian No. 1816, Dag No. 9612 (56 decimals), Khatian No. 1876, Dag No. 9613 (225 decimals) at MouzaTulin, J. L. No. 42, Police Station- Jhalda, District- Purulia together with one single storied building and another two storied building standing thereon which is known as Sarkar Bunglow, Tulin into the hotchpotch of the suit for partition instituted by the Plaintiffs/Opposite Parties. It is the specific case of the Petitioner that the aforesaid property at Tulin, Jhaldah, District- Purulia jointly belonged to the parties to the suit and the Plaintiffs with a malafide intention have not brought the aforesaid property along with the suit property into the hotchpotch of the instant suit. Accordingly, Petitioners prayed for a decree of partition, a decree of permanent injunction restraining the Plaintiffs their men, agent and all persons acting on their behalf in any manner, creating any third party interest in the suit properties. That on the self same date the Petitioners along with the written statement with counter claim also preferred an application Under Order 39, Rule 1 and 2 read with Section 151 of the Code of Civil Procedure praying for an order of temporary injunction restraining the Plaintiff, their men, agents in creating any third party interest or causing obstruction or hindrance in the matter of peaceful user occupation and enjoyment of the schedule premises and other properties by the Defendants till the disposal of the suit and the counter claim.
(3.) That on 18th July, 2013, the Petitioners moved two applications one under Order 1 Rule 10 read with Section 151 of the Code of Civil Procedure for adding the four transferees who have acquired undivided shares of the Plaintiffs and the Defendant Nos. 3, 4 and 5 in the suit property at Tulin, Police Station Jhalda, District- Purulia during the pendency of the suit for partition. But on contested hearing the application got rejected.;