Debi Prosad Dey, J. - (1.) This application under Article 227 of the Constitution of India has been filed by the petitioner (defendant No. 1 of TS -28976/2012) challenging the order dated 16th January, 2015 passed by learned Civil Judge, senior division, 9th Court at Alipore whereby and where under learned Judge has directed the present petitioner to hand over duplicate key of the premises in question to the plaintiffs.
(2.) The plaintiffs/opposite parties have filed the suit under reference praying for share of property fully described in the schedule of the plaint on the ground that the plaintiffs and the defendants being heir of Smt. Indumoti Kundu, have inherited the suit property in equal share after the demise of Indumoti and as such the plaintiffs/opposite parties have prayed for a decree of partition in respect of their share in the suit property.
(3.) The petitioner/defendant No. 1 has filed written statement in the said suit contending inter -alia that Indumoti Kundu since deceased was the exclusive owner of such property and she had bequeathed such property in favour of defendant No. 1/the present petitioner by executing a Will and thereby the petitioner/defendant No. 1 has become exclusive owner of the suit property.;