JAMUNA ROUT Vs. ANIL BEHARI

JUDGEMENT

(1.) This application is directed against the Order No. 22 dated November 30, 2010 passed by the learned Additional District Judge, 14th Court, Alipore in Misc. Appeal No. 454 of 2008 thereby dismissing the misc. appeal arising out of an order dated August 18, 2008 passed by the learned Civil Judge (Senior Division), 4th Court, Alipore thereby dismissing the Misc. Case No. 38 of 2006.

(2.) The short fact is that the Plaintiffs/Appellants instituted a suit being Title Suit No. 31 of 2002 against the opposite parties for declaration of title, permanent injunction and other reliefs before the learned Civil Judge (Senior Division), 4th Court, Alipore. The Defendants are contesting the said suit by filing a written statement denying the material allegations contained in the plaint. The suit was at the stage of peremptory hearing. The learned Trial Judge granted several adjournments and thereafter, the date was fixed for recording evidence again on July 3, 2006, when the Plaintiffs again prayed for adjournment. The learned Trial Judge dismissed the suit on that day. Thereafter, the Petitioners filed a misc. case being Misc. Case No. 38 of 2006 under Order 9 Rule 9 of the Code of Civil Procedure Both the parties to the misc. case have adduced evidence. Thereafter, the learned Trial Judge dismissed the misc. case on contest without costs. Being aggrieved, the Plaintiffs preferred an appeal being Misc. Appeal No. 454 of 2008 and the Appellate Court dismissed the said misc. appeal also on contest without costs. Being aggrieved, this application has been preferred.

(3.) Now, the point for consideration is whether the impugned order should be sustained.