Bhaskar Bhattacharya, P. N. Sinha, JJ.

( 1 ) INSTEAD of disposing of the application for stay being C. A. N. No. 2725 of 2006, we propose to hear out the appeal itself by treating the same as on day's list with the consent of the parties.

( 2 ) THIS first miscellaneous appeal is at the instance of the plaintiffs in a suit for declaration and injunction and is directed against Order No. 52 dated february 13, 2006 passed by the learned Trial Judge thereby rejecting the plaint.

( 3 ) THE present appellants filed a suit before the City Civil Court at Calcutta being Title Suit No. 1605 of 1997 thereby praying for declaration that the defendants were entitled to realize the arrear taxes from the plaintiffs on the basis of consolidated rate bills of premises No. 76c, Acharyya Jagadish Chandra bose Road, Calcutta, but the defendants were not entitled to realize arrear consolidated rate of taxes without the consolidated rate bills from the plaintiff's in respect of the premises and for permanent injunction restraining the opposite parties from taking any other recourses by issuing notice of distress warrant for realizing all arrear consolidated rate of taxes in respect of the said premise

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