Sambuddha Chakrabarti, J. - (1.) The case of the petitioners in short is that they are the owners of the land at 89K, Prince Golam Hossain Shah Road, Kolkata 700 032. By virtue of a deed of gift and a probated Will they have become the exclusive and absolute owners of the property. Their names have also been mutated by the Kolkata Municipal Corporation (the Corporation, for short).
(2.) In response to a query made under the Right to Information Act, the corporation authorities by a reply, dated April 23, 2011 informed the petitioners that the land belonging to them was butted on the north by Bikramgarh Jheel. The corporation authorities informed that on inspection it was found that there was a vacant land on the eastern side of the petitioners' land which was bounded partially on its eastern and western sides.
(3.) The allegation of the petitioners is that the respondents nos. 9 and 10 sought to encroach upon the land of the petitioners in the guise of doing beatification of the said Jheel for which the petitioners filed a suit in the court of the learned Civil Judge (Junior Division) at Alipore against the respondent nos. 9 and 10 herein for a declaration that the defendants in the suit were not entitled to disturb the possession of the plaintiffs in respect of the concerned premises or to damage or break the brick-bound perimeter between the plaintiffs' suit premises and Bikramgarh Jheel and for other reliefs. On an application for temporary injunction being moved the learned Civil Judge by an order, dated April 30, 2012 directed maintenance of status quo by the parties. Subsequently, the interim order was extended from time to time.;