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2000 Supreme(Cal) 284

BHASKAR BHATTACHARYA
ANIL KUMAR MITRA MODAK – Appellant
Versus
TAPAN KUMAR MITRA MODAK – Respondent


Advocates Appeared:
ANJAN BANERJEE, BHAGABAT CHOUDHURY, SUBHRO KAMAL MUKHERJEE

BHASKAR BHATTACHARYA, J.

( 1 ) THIS revisional application under Section 115 of the code of Civil Procedure is at the instance of plaintiffs in a suit for declaration and injunction and is directed against order dated April 27, 2000 passed by the learned District Judge, hooghly in Misc. Appeal No. 77 of 1999 thereby affirming order No. 22 dated June 14, 1999 passed by the learned Civil Judge, Junior Division, 1st Court, Chandannagar in Title suit No. 47 of 1999.

( 2 ) THE petitioner herein filed the aforesaid suit for declaration that the suit property is the joint property of the parties and that the defendants should not be permitted to make any construction on any part thereof without any partition and for permanent injunction restraining the defendants from changing the nature and character of the property and from creating any disturbance in the joint possession of the petitioners in the property.

( 3 ) IN the aforesaid suit, the petitioners filed an application under Order 39 Rules 1 and 2 of the Code of Civil Procedure thereby praying for an order of temporary injunction restraining the opposite parties from making any construction over the property in question.

( 4 ) TH














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