JUDGMENT :

BIBHAS RANJAN DE, J.

1. The order dated 23.12.2022 passed by Learned Additional District Judge, Baruipur, District 24 Parganas (South) in connection with Miscellaneous Appeal No. 34 of 2022 is under challenge.

2. By the order impugned Learned Judge affirmed the order dated 16.09.2022 passed by Leaned Civil Judge (Senior Division) 2nd Court, in Title Suit No. 504 of 2022.

Background facts:

3. The subject property being 11 decimal of land appertaining to R.S Plot no. 1332 originally belonged to one Priyanath Ghosh who died before Hindu Successions Act, 1956 came into force leaving behind his 3 sons - Amulya Charan Ghosh, Charu Chandra Ghosh & Putiram Ghosh. Wife of said Priyanath Ghosh predeceased him. Thereby, 3 sons of Priyanath Ghosh inherited 1/3rd share each in the subject property. Putiram Ghosh died leaving behind his widow Jamuna Bala Ghosh only. Accordingly, names of Amulay Charan Ghosh, Charu Chandra Ghosh & Jamuna Bala Ghosh have been duly recorded 1/3rd against share each under R.S Khatian No. 532. Jamuna Bala Ghosh transferred her 1/3rd undivided share to Charu Chandra Ghosh on the basis of a registered sale deed no. 10520 dated 12.12.1962 and delivered possession. Thereby, Charu Chandra Ghosh became owner of 2/3rd share of subject property.

4. Amuly Charan Ghosh died intestate leaving behind his widow (Radharani Ghosh), two sons (Ratan Ghosh & Madan Ghosh) and 3 daughters (Gita Ghosh, Rikta @ Ritarani Ghosh Pal & Menoka Das). Thereby, all the heirs of Amulay Charan Ghosh got 1/18th share each in the subject property. Among them Menoka Das & Rikta Rani @ Rita Rani Ghosh Paul are plaintiff no. 1& 2.

5. Gita Ghosh died intestate leaving behind her two sons (Ranjit Ghosh & Dinesh Ghosh) and 3 daughters (Tinku Ghosh, Pratima Ghosh & Mithu Mandol). Thereby, all sons and daughters of Gita Ghosh inherited 1/19th share each in the subject property. All of them were made as plaintiff no. 3 to 7 in the suit. All in all plaintiff nos. 1 to 7 jointly had 1/6th share in the property in question.

6. Radha Rani Ghosh, Ratan Ghosh, Madan Ghosh & Charu Chandra Ghosh having 5/6th share jointly transferred the entire plot to one Sadek Ali Saikh by a registered sale deed no. 3119 / 1973. Thereby, Sadek Ali Saikh got 5/6th share in the subject property. Said Sadek Ali Saikh having 5/6th share in the property in question died leaving behind his first wife (Belati Seikh), daughters of first wife (Asma Bibi, Najma Bibi & Minati Khatun Bibi), 2nd wife (Mamtaz Seikh), three sons of 2nd wife (Salauddin Seikh, Kabul Seikh and Habibar Seikh) and two daughters of 2nd wife (Surhiya Begam & Minu Mondal).

7. Salaudddin Seikh died issueless leaving behind his mother Mamtaz Seikh and widow Rahima Biwi. Legal heirs of Sadek Ali jointly sold the plot share to the petitioners/defendants.

8. Plaintiffs filed the suit being no. 504 of 2022 before the Learned Civil Judge, (Senior Division), 2nd Court at Baruipur, District 24 Parganas (South) along with an application under Order 39 Rule 1& 2 read with Section 151 of the Code of Civil Procedure with a prayer for temporary injunction restraining in the defendants from changing the nature and character of the subject property and /or from raising any construction over the subject property and/ or restraining the defendants from alienating the subject property to any 3rd party. Learned Judge allowed ex-parte injunction directing both the parties to maintain status quo in respect of their possession.

9. Feeling aggrieved the petitioners /defendants preferred an appeal before Learned Additional District Judge at Baruipur, District 24 Parganas (South). The said appeal being no. 34 of 2022 was heard and Learned Judge affirmed the order dated 16.09.2022 passed by the Learned Civil Judge (Senior Division), 2nd Court at Baruipur, 24 Parganas (South).

10. Being aggrieved by and dissatisfied with the order dated 23.12.2022 passed by Learned Additional District Judge Baruirpur, 24 Parganas (South) preferred this applicat