Suvra Ghosh, J. - (1.)The application under Article 227 of the Constitution of India pertains to order no. 50 dated 13th June, 2018 passed by the Learned Civil Judge (Junior Division) at Haldia in Title Suit No. 257 of 2014.
(2.)The plaintiffs/opposite parties filed the suit against the defendants/petitioners praying for a decree of declaration and permanent injunction on the ground that the disputed property was originally owned and occupied by the predecessor of the parties Chinta Haran Mondal, since deceased, who executed a deed/ "Nirupan Patra" on 26-12-1954 in favour of his sons Bhagwan Mondal and Shambhu Mondal, the petitioners being the legal heirs of Bhagwan Mondal and the opposite parties the legal heirs of Shambhu Mondal. The defendants/petitioners subsequently disclosed a deed/ "Nirupan Patra" executed by the original owner on 02-02-1966 in favour of his two sons whereby a portion of the "ka" schedule property of the previous deed was settled in favour of the petitioners. The plaintiffs/opposite parties mutated their names in the record of rights in respect of the disputed property and have been occupying the same. The petitioners attempted to raise a boundary wall in a portion of the disputed property (dag no. 1344) for which the plaintiffs/opposite parties filed the suit praying for declaration of their title in respect of the property and an order of permanent injunction against the defendants/petitioners restraining them from creating any disturbance in their peaceful possession of the property.
(3.)The defendants/petitioners challenged the maintainability of the suit on several counts and prayed for dismissal of the suit. Such prayer of the defendants/petitioners was turned down by the learned trial court by the order impugned.