SABYASACHI BHATTACHARYYA,J. - (1.) One of the defendants in a suit for declaration of title and permanent injunction, in respect of an immovable property, has preferred the instant revisional application.
(2.) In the said suit, at the instance of the plaintiffs/opposite party nos. 1 to 6, an order was passed on September 19, 2014 directing both the parties to maintain status quo in respect of nature, character and possession of the suit land, as mentioned in the 'Ka' schedule of the plaint and in the injunction petition. Subsequently, it was alleged by the defendants that the plaintiffs, in order to obstruct the ingress and egress of the defendants over the suit property to the defendants' own residential property, raised construction, in particular, a cowshed. It was categorically alleged by the defendants that, previous to the finding of the suit, a similar attempt was made by the plaintiffs, upon which the defendants had to take out an application before the Magistrate under section 144 of the Code of Criminal Procedure, 1973.
(3.) Initially, a favourable order was passed on such application. Subsequently, in violation of such order, the plaintiffs raised construction on the property-in-question. As a result, a report was sought by the Magistrate and such report was filed. It was evident from such report that such construction, as alleged, had indeed been raised by the plaintiffs. Consequently, the Magistrate had directed the plaintiffs to remove such construction and ultimately the construction was removed with police help, which was also evident from the report dated September 26, 2014 filed in the said proceeding.;