SABYASACHI BHATTACHARYYA,J. - (1.) The primary grievance of the petitioners is that the appellate court below, while allowing an application under Order XLI Rule 27 of the Code of Civil Procedure, took into consideration erroneous legal principles.
(2.) The matter concerns a dispute relating to a co-operative society. There was initially an arrangement between the petitioners and opposite party no. 1 to transfer the property in dispute in favour of the opposite party no. 1. Subsequently, before such transfer even materialized, opposite party no. 1 apparently claimed to be a member of the co-operative society and filed a suit to that effect. Such suit was dismissed, on which opposite party no. 1 preferred Title Appeal No. 23 of 2011, which is now pending before the Civil Judge (Senior Division) at Durgapur, District-Burdwan.
(3.) On the other hand, the present petitioners also took out a challenge before the Registrar, Co-operative Societies against the resolution of the co-operative society validating such membership of opposite party no. 1. Petitioners also averred that no transfer in respect of the property-in-question was at all effected in favour of the opposite party no. 1.;