Sahidullah Munshi, J.

1. In view of order dated 24th August, 2010, passed in C.O. No.2542 of 2009, this revisional application was heard analogously with C.O. No.2542 of 2009. For the sake of convenience C.O. No.2542 of 2009 (Parul Projects Ltd. – Vs. – Mrinal Kanti Basu & Ors.) has been decided first and in deciding this case I intend to rely upon the findings arrived at in C.O. No.2542 of 2009 because identical issues of fact and law are involved in both the matters.

2. This revisional application is directed against an order being no.21 dated 20th August, 2007, passed by the learned 3rd Civil Judge (Senior Division) at Alipore in Title Suit No.76 of 2006. In the revisional application the petitioners have stated that – opposite party nos. 1 to 4 as plaintiffs filed a suit being Title Suit No.76 of 2006 for a declaration and permanent injunction in the Court of the learned 3rd Civil Judge (Senior Division) at Alipore. In the said suit it was, inter alia, prayed by the plaintiffs that they have right, title and interest over 20% super built-up area of the premises being no.115B/1, Netaji Subhas Bose Road, under Regent Park Police Station, Kolkata – 700040, this is mentione