- (1.) This first miscellaneous appeal is directed against an order being No. 99 dated 21st January, 2015 passed by the learned Civil Judge (Senior Division), 2nd Court at Contai, Purba Medinipur by which the plaintiffs' application for temporary injunction was rejected on contest.
(2.) Let us now consider the merit of the said appeal in the facts of the instant case for ascertaining as to whether the appeal is required to be admitted for hearing under the provision of Order XLI Rule 11 of the Code of Civil Procedure or not.
(3.) The plaintiffs filed a suit for partition on declaration that the deed of gifts executed by the parents of the plaintiffs in favour of their grandson viz. defendant nos. 2 and 3 were procured by the defendant no.1 by practicing fraud, misrepresentation and undue influence upon the parents of the plaintiffs. They claimed that their father was the owner of the 'Ka' schedule property which is situated in the district of Purba Medinipur. They further alleged that the 'Kha' schedule property which is situated in State of Orissa was owned by their mother.;