Hiranmay Bhattacharyya, J. - (1.)The instant appeal is directed against an order dated January 29, 2019 passed by the Civil Judge, (Senior Division), 1st Court, Howrah in Title Suit No. 573 of 2018 whereby the plaintiffs' application under Order 39 Rule 1 and 2 of the Code of Civil Procedure was rejected.
(2.)The appellants herein being the plaintiffs filed a suit for partition upon declaration of plaintiff's title to the extent of 37 decimals and that of the defendant to the extent of 15 decimals in the said property, permanent injunction and for other consequential reliefs.
(3.)The plaintiff's case in a nutshell is as follows: