UTPALENDU BIKAS SAHA
Purabii Dasgupta – Appellant
Versus
Arun Kumar Dey – Respondent
U.B. Saha, J.
1. By this application under Article 227 of the Constitution of India, the petitioner made a prayer for the quashing/setting aside the order dated 24-8-2005 passed by the learned civil Judge, Junior Division, Court No. 2, Agartala, West Tripura in Title Suit No. 45 of 2001 whereby and whereunder the instant suit filed by the petitioner as a plaintiff for a decree of mandatory injunction directing the defendants, respondents herein, to remove the fencing illegally erected by them in the suit land and also allow the plaintiff and her family members to reconstruct the said latrine and kitchen and to use them and also to use well standing on the suit land as well as for perpetual injunction restraining the defendant from interfering with the peaceful possession of the plaintiff over the suit land under threat for using the kitchen, latrine, well in the suit land, disposed of on contest being not maintainable in its present form and nature.
2. Heard Mr. K.N. Bhattacharjee, learned senior counsel assisted by Mr. S. Acherjee, learned Counsel for the petitioner and Mr. R. Chakraborty, learned Counsel for the respondents.
3. The brief facts of the case are that the plaintiff
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