Prasenjit Mandal, J.

1. TheSE two applications are at the instance of the defendants and are directed against the orders dated August 17, 2010 passed by the learned Additional District Judge, Fifth Court, Barasat in Misc. Appeal No.53 of 2010 and Misc. Appeal No.54 of 2010 respectively. Since the common question of fact and law is involved in the two applications, the two applications are disposed of by this common judgment. It will be convenient to discuss the fact of the C.O. No.2718 of 2010.

2. The plaintiffs/opposite parties filed the suit being No.417 of 2007 praying for a decree of declaration and plaintiffs' right, title and interest in the suit property, permanent injunction against the defendants restraining them from disturbing the plaintiffs' peaceful possession over the suit property and other reliefs. The plaintiffs contended that one Wahed Bux Sarkar @ Ohed Baksh Sarkar was in exclusive possession of the suit property measuring 7 decimals of land, as described in the schedule of the plaint. The total area of the said plot no.241 was to the extent of 52 decimals of land. The Government of West Bengal acquired 30 decimals of land therefrom and the remaining port