Jyotirmay Bhattacharya, J. - (1.) This First Miscellaneous appeal is directed against an order being No.13 dated 20th July, 2014 passed by the learned Civil Judge (Senior Division) Burdwan in Title Suit no.117 of 2014 by which the plaintiffs' prayer for temporary injunction was rejected by the learned Trial Judge on contest.
(2.) Let us now consider the merit of this instant appeal for ascertaining as to whether admission of this appeal under Order 41 Rule 11 of the Code of Civil Procedure is necessary or not.
(3.) Here is the case where we find that the plaintiffs' prayer for temporary injunction in the partition suit was refused by the learned Trial Judge by taking note of earlier partition of the suit property amongst the co-sharers which was effected through a compromise decree passed in the earlier partition suit being Title Suit No.33 of 1941 followed by execution of registered deed of partition being No.4163 of 1943. The plaintiffs complain that the defendants are raising construction for commercial use thereof on 'Vitti' land without converting the user of the land from agricultural to non-agricultural and also without obtaining any permission for such construction from the Panchyat authority. The plaintiffs, thus, complain that such construction of building for commercial use on 'Vitti' land is violative of the provision of Section 4C of the West Bengal Land Reforms Act, 1955. They thus, prayed for that temporary injunction in the prohibitory form for restraining the defendants from raising any construction over such 'Vitti' land being a part of the suit property.;