1. This First Miscellaneous Appeal is directed against an order dated 22nd December, 2015 passed by the Learned Civil Judge, (Senior Division), 2nd Court at Alipore in Money Suit No.11 of 2015 at the instance of the plaintiff/appellant.

2. The instant appeal was admitted for hearing on 26th June, 2016. After the appeal was admitted for hearing, an interim order was passed directing the parties to maintain status qua with regard to the possession of the parties in the suit property till the disposal of the application.

3. On the joint prayer made by the learned Counsel of the parties, we have decided to hear out this appeal on merit by dispensing with the requirement of filing paper book in this appeal as we were informed that all the papers which are necessary for disposal of the appeal are annexed to the application for vacating interim order, filed by the respondent.

4. Accordingly, we heard the learned Counsel appearing for the parties on the merit of this appeal.

5. Let us now consider the merit of the present appeal in the facts of the present case.

6. The plaintiff filed a suit for recovery of the outstanding amount to the tune of Rs.2,63,00,885/- (Rupee