Shivakant Prasad, J. - (1.) The instant petition is directed against the order dated 13th November, 2013 passed by the learned XIIIth Judge, City Civil Court at Calcutta in Title Suit No. 1791 of 2011.
(2.) One Chandra Nath Dutta since deceased, bachelor having ⅓rd undivided share in premises No. 14B, Dr. Debendra Mukherjee Row, Police Station Muchipara, Kolkata-700 009 filed Title Suit No. 1791 of 2011 for decree of declaration and permanent injunction against Chamali Dutta, Pratap Chandra Dutta, and Probir Dutta (the principal Defendants) and Manika Dutta since deceased and the Petitioners above named were made Proforma Defendants in the said suit.
(3.) The said suit was filed primarily on the allegations that the Principal Defendants were making unauthorized construction in the suit building. An ad interim order of injunction was granted on an application filed by the plaintiff (since deceased).;