SABYASACHI BHATTACHARYYA,J. - (1.) Service of notice of this revisional application on the proforma opposite parties no. 2 to 5 is dispensed with. All other parties are represented in court today.
(2.) The present challenge has been taken out by the plaintiffs in a suit for declaration and consequential reliefs in respect of an immovable property.
(3.) In the suit, the plaintiffs/petitioners alleged that the defendant is carrying out illegal construction work, thereby encroaching the premises of the plaintiffs, which are adjacent to the defendant's property. In the said suit, a local investigation was held and a report was filed by the commissioner, which shows, inter alia, that the defendant/opposite party no. 1 violated the sanctioned plan issued by the local municipality on the eastern side, by constructing a open iron grilled verandah having a low roof of six feet (6') height within the sanctioned side space on the eastern side. It was further observed by the commissioner that there was also a border dispute on the eastern side of the defendant's property corresponding to the western side of the plaintiffs.;