ALEKHYA GHOSAL Vs. MATRI SANGHA JANAKALYAN ASHRAM

JUDGEMENT

(1.) This revisional application is directed against an order passed by the learned District Judge, Alipore, in Misc. Appeal No. 209/2000 dated 13th June, 2000, refusing to grant an order of injunction by the learned Civil Judge, Senior Division, Alipore, in Title Suit No. 100/2000.

(2.) The plaintiff/opposite party which is a charitable institution has filed a suit before the learned Civil Judge, Senior Division, Alipore for a decree for declaration of title that it is the absolute owner of the suit property described in Schedule 'B' to the plaint and also further a decree for declaration that the defendants have no manner of right, title, interest and possession in the suit property and further for a permanent injunction restraining the defendants, their men and agents from disturbing the plaintiff's possession in any manner whatsoever in enjoying the suit property. The plaintiff/opposite party has claimed the title on the basis of adverse possession against the defendant/opposite party. The learned trial Court has further directed to serve notice but declined to record the interim order. Therefore, the plaintiff being aggrieved by and affected with the refusal of injunction, filed an appeal before the learned District Judge and moved for ad interim order of injunction. The learned appellate Court granted ex parte injunction and fixed the matter to 14th July, 2000 for appearance of the defendant/respondents. Since the defendant/respondents were aggrieved by such grant of ex parte injunction, they filed this revisional application.

(3.) Mr. Dasgupta, learned advocate, appearing for the defendant/petitioner at the outset has drawn my attention that the plaintiff/opposite party having claimed of title on adverse possession but they do not produce any cogent and credible evidence that they have acquired title by adverse possession.