- (1.) This revisional application has been filed challenging the judgment and order dated April 30, 2012 passed by the Ld. Additional District Judge, 4th Fast Track Court, Tamluk, Purba Medinipur, in Civil Revision Case No. 2 of 2008 affirming the order dated February 17, 2007 passed by the Ld. Civil Judge (Junior Division), 3rd Court, Tamluk, Purba Medinipur, in J. Misc. Case No. 28 of 2005 holding that the decree passed in Title Suit No. 131 of 2001 was not executable.
(2.) One Balai Charan Maity (since deceased), predecessor-in-interest as well as father of the petitioners instituted Title Suit No. 168 of 1977 in the 3rd Court of Munsif, Tamluk, Purba Medinipur against the State of West Bengal & Ors. claiming declaration of title and permanent injunction in respect of the suit property.
(3.) The said Balai Charan Maity died during the pendency of the said suit and the petitioners along with their mother Ashalata Maity (since deceased), were substituted as plaintiffs in the place and stead of the said Balai Charan Maity in Title Suit No. 268 of 1977.;