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2018 Supreme(Cal) 794

BIBEK CHAUDHURI
Manash Kumar Maji – Appellant
Versus
Suman Maji – Respondent


Advocates:
Advocate Appeared:
Debjit Mukherjee, Adv., Susmita Chatterjee, Adv., Nilanjan Bhattacharjee, Adv., Paramita Roy, Adv.

JUDGMENT :

BIBEK CHAUDHURI, J.

1. Legality, propriety and correctness of an order dated 3rd September, 2016 passed by the learned Civil Judge (Junior Division), Amta, Hooghly in Title Suit No.137 of 2015 rejecting plaintiff’s application under Section 151 of the Code of Civil Procedure (hereinafter C.P.C for short) for restoration of possession of title suit in favour of him with the help of police, is under challenge in the instant revision.

2. The petitioners filed the above mentioned title suit against the defendants/opposite parties for a decree for declaration of title and permanent injunction over the suit property in the court of learned Civil Judge (Junior Division), Amta. In the said suit the petitioners filed an application under Order 39 Rule 1 and 2 read with Section 151 of the CPC praying for ad interim as well as temporary injunction restraining the defendants, their main and agents from disposing them from the suit property. The learned trial judge by an order dated 18th November, 2015 allowed plaintiffs/petitioners praying for ad interim injunction restraining the defendants/opposite parties from disturbing peaceful possession of the plaintiffs in respect of the suit






























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