(1.) This application under Article 227 of the Constitution is directed against the order No.43 dated 7th August, 2006 passed by learned 2nd Court of Civil Judge, Junior Division, Alipore in Title Suit No.34 of 2004.

(2.) The present petitioner, as defendant, filed an application dated 24.3.2005 before the learned Trial Court praying for allowing him to make certain repairs in respect of the disputed premises.

(3.) The petitioners claiming to be tenants in respect of the first floor of premises No.56,

Ballygunge Gardens, Kolkata-700.019 since 1966 alleged that the said premises urgently requires repairs. It was claimed that the opposite parties/plaintiffs were repeatedly requested to take steps for necessary repairs but to no avail

(4.) By letter dated 9.10.2002, the petitioners intimated the opposite parties of the intention to carry out the repairs.

(5.) On 10.2.2004, the Kolkata Municipal Corporation issued a notice under Section 411 (1) of the Kolkata Municipal Corporation Act calling upon the petitioners to repair the premises in consultation with the Structural Engineer of the said Corporation without changing the nature and character and the dimension of the concerned building.

(6.) Subsequently opinion was obtained from the Structural Engineer and the petitioners were advised to take immediate steps for such repairs to prevent accident.

(7.) Immediately thereafter, the opposite parties filed a suit being Title Suit No.34 of 2004 before the learned Civil Judge, Junior Division, 2nd Court, Alipore, praying for a decree of permanent injunction restraining the present petitioners from making any work of construction or changing the nature and character of the suit premises as well as for other reliefs.

(8.) The opposite parties filed an application under Order 39 Rules 1 and 2 read with Section 151 of the Civil Procedure Code praying for an order of temporary injunction restraining the petitioner from causing any repairs or changing the nature and character of the premises.

(9.) Learned trial Court by order dated 4.3.2004 directed the parties to maintain status quo. Such order was thereafter extended from time to time. The petitioners preferred an appeal and prayed for setting aside of such order as well as for stay of operation of the order dated 4.3.2004.

(10) The Kolkata Municipal Corporation issued a further notice dated 29th November, 2004 thereby extending the time to make repairs to the said premises.

(11.) By order dated 16.3.2006, the teamed District Judge dismissed the appeal and confirmed the said order dated 4.3.2004. The petitioners were compelled to approach the High Court with an application under Article 227 of the Constitution being C.O. No.2109 of 2005 and prayed for permission to make repairs to the said premises.

(12.) By order dated 14.9.2005, the Honbie Court directed the Court below to dispose of the application of the petitioners for causing repairs by 15.11.2005. The learned trial Court by order No.37 dated 26.10.2005 disposed of the application filed by the petitioners by directing the parties to maintain status quo. The petitioners being left with no choice approached this Court with a further application under Article 227 of the Constitution being C.O.No.4507 of 2005. The said application was also disposed of by this Court by order dated 20.6.2006 by directing the learned trial Court to dispose of the pending application of the petitioners for leave to cause repairs as expeditiously as possible preferably within a month from the date of communication of the order.

(13.) Learned trial Court thereafter by order dated 7.8.2006 dismissed the application on the ground that the Civil Court did not have any jurisdiction to entertain such application in view of Section 44 of the West Bengal Premises Tenancy Act, 1997.

(14.) Being aggrieved by such order dated 7.8.2006, the petitioners again approached this Court with a further application under Article 227 of the Constitution.

(15.) Mr