REKHA GHOSH Vs. CHANCHAL SINHA ROY

JUDGEMENT

(1.) The revisional application under Sec. 115 of the Code of Civil Procedure is at the instance of Defendants in a suit for declaration and injunction and is directed against Order No. 32 dated May 11, 1999, passed by the learned Civil Judge, Junior Division 2nd court, Sealdha in Title suit No. 583 of 1998 thereby allowing an application under Sec. 151 of the Code of Civil Procedure filed by the Plaintiffs/opposite parties permitting them to restore connection of the water pipe line without damaging or changing the present position of supply line.

(2.) The Plaintiffs/opposite parties filed a suit being Title suit No. 583 of 1,998 for declaration of their right, title and interest over the subject matter of the property by adverse possession and for further declaration that the present Petitioners have no right to interfere with their exclusive possession ever the suit property. In the said suit, the Plaintiffs/opposite parties further prayed for permanent injunction restraining the present Petitioners, their men and agent from dispossessing the Plaintiffs from the disputed property without due process of law and also from making any obstruction by blocking the staircase for the purpose of ingress and egress to and from the property. In the said suit, the Plaintiffs, further prayed for mandatory injunction directing the Defendants to remove the door on the first floor fixed by the Defendants.

(3.) The subject matter of the suit property was as follows: