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2012 Supreme(Cal) 820

PRASENJIT MANDAL
Shamser Ali – Appellant
Versus
Nilkamal Sarkar – Respondent


Advocates Appeared:
For the Petitioners:S.P. Roy Chowdhury, Sk. Abu Sufian, Advocates.
For the Respondents:Hirak Mitra, Mrs. Rini Bhattacharya, Advocates.

JUDGMENT

Prasenjit Mandal, J.

1. Challenge is to the judgment and order dated April 17, 2012 passed by the learned Additional District Judge, Fast Track, 3rd Court, Barasat in Misc. Appeal No.11 of 2012 arising out of the Order dated January 3, 2012 passed by the learned Civil Judge (Junior Division), 1st Court, Barasat in Title Suit No.502 of 2010 thereby rejecting the prayer for temporary injunction.

2. On August 25, 2010, the plaintiffs/petitioners herein instituted a suit being Title Suit No.502 of 2010 for declaration, permanent injunction and other reliefs against the defendants/opposite parties herein in respect of the suit property described in the schedule to the plaint. For convenience, the declaratory reliefs and permanent injunctions as prayed for in the plaint are described below:-

a) a Decree declaring that, the Plaintiffs have unfettered right, title and possession of the schedule suit property by virtue of Deed of Heba and inheritance;

b) a Decree declaring that, the Defendant Nos.1 to 4 either jointly and/or severally have/has no right, title to interfere with the peaceful possession and enjoyment by the Plaintiffs in the Schedule suit property;

c) a Decree for perm

























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