Hon'ble Mr. Justice S. Talapatra

1. Heard Mr. G.S. Bhattacharjee, Learned Counsel appearing for the petitioners as well as Mr. S. Deb, learned senior counsel for the respondents. By this application filed under Article 227 of the Constitution of India, the legality of the order dated 07.01.2012 as passed by the learned Civil Judge, Junior Division, Udaipur, South Tripura, in Civil Misc. No. 04/2011 in Title Suit No. 04/2010 has been questioned.

2. The brief fact sans unnecessary details which is required to be noticed is encapsulated for the purpose of appreciation.

The petitioners filed the suit being Title Suit No. 04/2010 for declaration that the plaintiffs are the joint owners and possessors of the suit land, declaration that the plaintiffs have joint right, title, interest over the suit land, a decree of permanent injunction against the defendants from disturbing the peaceful possession of the plaintiffs and decree for damage by way of cost etc.

3. The respondent Nos. 2 and 4 filed the joint written statement traversing the pleadings in the plaint and they denied the right, title, interest of the plaintiffs, petitioners herein over the suit land. The learned Civil Judge, J