PALLAB BHATTACHARJEE Vs. SRIMANTA MAJUMDER

JUDGEMENT

(1.) THIS appeal under Order XLIII, Rule 1 (q) of the Code of Civil Procedure (hereinafter referred to as ''Code '') is directed against the order dated 23rd March, 2013 passed by the learned Civil Judge, Sr. Division, Court No. 2, West Tripura, Agartala in Civil Misc. case No. 69/2012 arising out of TS 48/2012 whereby and where under learned Civil Judge, Sr. Div. disposed of the aforesaid Misc. Case 69/2012 appointing receiver and attaching the suit property before judgment relating to schedule 'A ' to 'G ' properties in the plaint by confirming its earlier order dated 12 -3 -2012 in respect of schedule 'A ' to 'G ' properties in the plaint.

(2.) HEARD Mr. D. Chakraborty, learned counsel for the appellants, who were the defendants in TS 48/2012 and OP in Civil Misc. 69/2012 arising out of the aforesaid suit (hereinafter referred to as ''appellant -defen -dants '') as well as Mr. N. Majumdar, learned counsel for the sole respondent, who is the plaintiff in the aforesaid suit and petitioner in the aforesaid Civil Misc. case (hereinafter referred to as ''plaintiff -respondent '').

(3.) IT is also pleaded in the plaint that the defendant -appellant No. 1 Sri. Pallab Bhattacharjee hatched a conspiracy against the plaintiff -respondent in collusion with the appellant -defendant Nos. 3 and 4 namely, Sri Sunit Das and Sri. Bimalendu Chakraborty and taking lease of the 'A ' Schedule land from the defendant -appellant Nos. 3 and 4 the defendant -appellant No. 1 illegally started construction of Bricks in the lease property hold in favour of the partnership firm, namely, M/s. Maa Saradadevi Industries, appellant -defendant No. 2, in which the plaintiff -respondent as well as the defendant -appellant Nos. 3 and 4 are partners.