A trespasser having settled possession cannot be dispossessed by force.

Tarun Kumar Gupta, J.:-

This appeal is directed against order No.35 dated 14th December, 2009 passed by learned Chief Judge being Judge-in-charge of Court No.11 of the City Civil Court in Title Suit No.618 of 2006. By the impugned order learned Judge disposed of the application of injunction filed by the appellants under Order 39 Rule 1 and 2 read with Section 151 of the Civil Procedure Code by observing that respondent No.3 was in possession of the suit flat and that parties should maintain status quo relating to said possession of respondent No.3 in the suit flat with a further direction for not disturbing the egress and ingress of respondent No.3 in the suit flat by the appellants and their agents.

2. Being aggrieved with said order the instant appeal has been filed by the appellants.

3. It is the case of the appellants that Bhubaneswari Prasad Singh Deo got the suit house, that is, 2/1 Loudon Street, Kolkata, through a deed of gift executed by its owner Charubala Debi in 1948. Bhubaneswari Prasad Singh Deo married Mary Linda Singh Deo on 11th May, 1965 according to Special Marriage Act and four sons were born in their wedlock. Bhubaneswari Prasad Singh Deo died intested on 2nd October, 1972 leaving behind his wife Mary Linda Singh Deo and four minor sons as his only heirs and legal representatives. Mary Linda Singh Deo on behalf of self and on behalf of four minor sons as their guardian mother, sold the suit property to Vikramaditya Prasad Singh Deo (henceforth to be termed as V. P. Singh Deo) and Udayaditya Prasad Singh Deo (henceforth to be termed as U. P. Singh Deo) by a deed of sale dated 25th July, 1975. Said V. P. Singh Deo and U. P. Singh Deo leased out the suit property to Banwarilal Sharma and another for a period of 99 years with an option on the part of the lessees for renewal of another period of 99 years. Said Banwarilal Sharma died intested on 14th April, 2006 leaving behind the present appellants as wife and daughters. The present appellants came to know that the respondent No.1 Maheshwari Debi alias Singh being sister of Bhubaneswari Prasad Singh Deo obtained an ex partie decree on 4th February, 1997 in Title Suit No.483 of 1994 declaring that the certificate of marriage dated 18th October, 1971 issued under Section 16 of the Special Marriage Act, 1954 showing the registration of marriage between Bhubaneswari Prasad Singh Deo and Mary Linda Singh Deo was void. Said decree was obtained by practising fraud and by suppression of summons as well as suppression of material facts. The subsequent owners of the suit property namely V. P. Singh Deo and U. P. Singh Deo instituted a title suit being 503 of 2006 against Maheshwari Debi alias Singh for declaration for their title in the suit property and injunction, and obtained an ad interim order of injunction whereby Maheshwari Debi was restrained from interfering with peaceful possession of the property purchased by those plaintiffs namely V. P. Singh Deo and U. P. Singh Deo. The appellants came to know that after passing of the said order of injunction in Title Suit No.503 of 2006 present respondents were trying to dispose of and or encumber several flats and portions of the suit property. On or about 14th May 2006 H. M. Sharma, brother of late Banawarilal Sharma, found one Biswanath Chakraborty respondent No.4 to try to occupy the suit flat being flat No.5 in the suit house which was under possession of Respondent No.2 with the help of some unknown persons. Present appellants being plaintiffs filed Title Suit No.618 of 2006 for declaration that the decree dated 04.02.1997 was obtained by respondent No.1 by practising fraud, misrepresentation, and for injunction with other consequential reliefs. The appellants also filed a petition for temporary injunction for restraining respondents from acting in any manner on the basis of the ex parte decree dated 4th February, 1997 in Title Suit No.483 of 1994 and for restraining them from interfering with peaceful enjoy