Siddhartha Chattopadhyay, J. - (1.) Challenging the legal acceptability of the order dated 30.03.2015 passed by the learned District Judge, Howrah in connection with Misc. Appeal No. 48 of 2015, the present petitioner has come before this Court by filing an application under Article 227 of the Constitution of India with a prayer to set aside the impugned order of the learned District Judge, Howrah.
(2.) Here the petitioner defendant of Title Suit No. 388 of 2015 has contended that the respondent had filed the said suit for a decree of declaration that the present opposite party and the proforma opposite parties are the lawful joint tenants in respect of the suit property and they have every right to occupy the suit property for running their tea selling business and they should not be evicted without due course of law and also prayed for permanent injunction restraining the present petitioner from entering/dispossessing them from the suit shop.
(3.) At the very initial stage learned Civil Judge, Junior Division, 4th Court at Howrah has rejected the present opposite party/tenant's application under Order 39 Rule (1) and (2) on the ground that the present opposite party/plaintiff could not show any document as regards her possession over the suit property. Learned Civil Judge, Junior Division, thereafter, directed the present petitioner/defendant to show cause within ten days as to why the temporary injunction shall not be granted against them.;