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2016 Supreme(Cal) 364

SAHIDULLAH MUNSHI
Sumati Das – Appellant
Versus
Bidhan Talukdar – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. Pushpendu Bikash Sahoo, Mr. Praanta Bishal
For the Opposite Parties : Mr. Hiranmay Bhattacharyya, Mr. Tanmoy Mukherjee

JUDGMENT :

Sahidullah Munshi, J.

1. This revisional application is directed against order dated 29th April, 2014, passed by the learned Civil Judge (Senior Division), Baruipur, in Misc. Appeal No.19 of 2013, thereby reversing the order passed by the learned Trial Court granting an order of temporary injunction in the form of status quo. The plaintiff in a suit for declaration and permanent injunction is the petitioner in this revisional application. The plaintiff claimed that he is the absolute owner and in possession of the demarcated 161/2 decimals of land and property appertaining to Mouza Rajpur, more fully and particularly described in the Schedule of the plaint. In the said suit the plaintiff filed an application under Order XXXIX Rules 1 and 2 read with Section 151 of the Code of Civil Procedure. In the temporary injunction application it is the plaintiff’s case that she has purchased the suit property vide Registered Deed No.422 dated 1st February, 1972, measuring about 161/2 decimals from one Kanak Chandra Nath. After purchase of the same the plaintiff has converted some portion of the said property into a tank on the southern side of the suit plot and on the high land she c
















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