SHIVAKANT PRASAD, J. - (1.) Challenge in this application is against the Order being No. 59 dated 04.07.2012 passed by the learned Civil Judge (Junior Division), 1st Court, Diamond Harbour arising out of Title Suit No. 52 of 2006.
(2.) Chronological event leading to the instant case is that the petitioners as plaintiffs instituted a Title Suit being No. 52 of 2006 against the opposite parties as defendants in the learned Court of Civil Judge (Junior Division), 1st Court, Diamond Harbour for declaration of title along with a prayer for injunction in respect of 19 sataks of land under R.S. Khatian No. 770, L.R. Khatian 818/1530 in Plot Nos. 2106 and 2107 of Mouza Rajarampur within P.S. Falta, District -24 -Parganas (South).
(3.) The case of the plaintiffs/petitioners as stated in the plaint in short is that the case plots along with other plots in suit Khatian belonged to plaintiffs and other co -sharers. Long before R.S. settlement operation there was an amicable partition in between the co -sharers for proper enjoyment and by virtue of such partition done amicably plaintiffs get Plot No. 2106, 2107 bastu 11 sataks and are in exclusive physical possession. The name of the plaintiffs have been duly recorded in the Record of Rights and plaintiffs raised their bastu and converted Plot No. 2106 as tank.;