JUDGMENT :

Ajoy Kumar Mukherjee, J.

1. The petitioner herein being aggrieved by the order no. 9 dated 12.10.2018 passed by the learned Civil Judge (Senior Division) 2nd Court Barasat, North 24 Parganas in T.S. No. 178 of 2017 has preferred this application under article 227 of the Constitution of India. Petitioner contended that the petitioner is the married daughter and executrix of her mother’s last will which was duly registered on 13.03.2014 bequeathing the entire suit building in favour of petitioner and her brother. Petitioner’s further case is that after the death of testatrix they have initiated probate proceeding which is pending before this Court.

2. The petitioner instituted aforesaid T.S. no. 178 of 2017 seeking eviction of the opposite party/defendants along with other reliefs as stated in the plaint. Petitioner’s further case is that the points to be decided in the aforesaid suit, in short, is about petitioners claim of right to protect ‘A’ schedule property until the grant of probate and the question involving eviction of opposite parties/defendants from the suit property holding them rank trespassers. In the plaint plaintiff/petitioner alleged that the defendant no.1 i