JUDGMENT :

Ajoy Kumar Mukherjee, J.

1. This application under section 227 of the Constitution of India has been directed against the order dated 9th May 2024 passed by learned District Judge, Jalpaiguri in Misc. Appeal no. 10 of 2021.By the order impugned learned court below has set aside the order of interim injunction dated 12.07.2019 passed by learned Civil Judge, (Junior Division), 2nd court, Jalpaiguri in Title Suit no. 186 of 2019 and also pleased to dismiss defendant’s mandatory injunction petition and thereby allowed the said Misc. Appeal 10 of 2021 in part.

2. Opposite Party no.1 as plaintiff filed aforesaid Title Suit no. 186 of 2019 against the defendants /petitioners for permanent injunction in respect of the suit property. Plaintiff’s case in a nutshell is that the plaintiff since purchase has absolute right, title, interest and possession in schedule mentioned suit property measuring 0.09 acre, appertaining to L.R Khatian no. 1729, corresponding to L.R Plot no. 983 derived from R.S Plot no. 50 and 51, sheet no. 5 derived from R.S. sheet no. 8 in Mouza Dabgram. Plaintiff’s further contention is that he purchased the land by way of registered deed dated 05.06.1980 from the