- (1.) This revisional application at the instance of the four defendants in Title Suit No. 1423 of 2016, is directed against the order dated November 10,2016 passed by the learned Judge, 6th Bench, City Civil Court at Calcutta in the said suit. By the impugned order the learned Court below appointed a practicing advocate as the Special Officer to visit the Premises No. 10B, Shakespeare Sarani, Kolkata- 700 071, (hereinafter referred to as "the said premises") upon notice to the parties to the suit, to see whether any gate is installed or obstruction is made to the free egress and ingress of the vehicles into the front and rear areas of the said premises as described in Schedule "A" to the petition by the defendants. The Special Officer was directed to file his report before the learned Court below.
(2.) The facts giving rise to the present revisional application are that the plaintiffs-opposite parties filed the Title Suit No. 1423 of 2016 (hereinafter referred to as "the said suit") before the learned Court below claiming, inter alia, a decree for permanent injunction restraining the defendants from interfering with their rights and possession in respect portions of the said premises described in Annexure-"A" to the plaint including their right of parking cars, store vehicles in the open areas of the said premises. In the said suit the plaintiffs-opposite parties also filed an application under Order XXXIX Rules 1 and 3, read with Section 151 of the Code of Civil Procedure, 1908. In which on October 02, 2016 the learned Court below passed an ad-interim order of injunction restraining the defendants from disturbing and interfering with the plaintiffs' right in respect of the suit property, being portions of the said premises described in Annexure "A" to the petition and installing any gate or any other form of obstruction to the free ingress and egress of the vehicles into the front and rear open areas demarcated by tin sheets as described in Annexure-"A" to the petition.
(3.) Alleging that the defendants were violating the said order dated October 2, 2016 by putting up obstruction and interfering with their possession and occupation of the said premises, on November 10, 2016 the plaintiffs opposite parties filed an application before the learned Court below, under Section 151 of the Code praying for, an order directing the Officer-in-Charge of Shakespeare Sarani Police Station to ensure free movement of their vehicles to and from the said premises and to remove all obstructions in the form of bamboo poles, tin sheets or like that may be found at the said premises. In the said application, the learned Court below passed the impugned order mentioned above.;