SWAPAN KUMAR PATRA Vs. HIRAK NATH SOUNT

JUDGEMENT

(1.) THIS application is at the instance of the plaintiff and is directed against the judgment and order dated February 20, 2009 passed by the learned Additional District Judge, Fourth Court, Paschim Medinipur in Misc. Appeal No.98 of 2008 thereby settting aside the order dated July 31, 2008 passed by the learned Civil Judge (Senior Division), First Court, Paschim Medinipur in Title Suit No.92 of 2006.

(2.) THE short fact is that the plaintiff/petitioner herein instituted suit for declaration of title and injunction in respect of the suit properties, as described in the schedule of the plaint against the opposite parties. THE opposite parties herein have entered appearance in the suit and they are contesting the said suit by filing a written statement. THE defendants have contended that the suit is not maintainable. Accordingly, by an order dated July 31, 2008, he has held that the suit is maintainable. Being aggrieved, the defendants preferred a misc. appeal being Misc. Appeal No.98 of 2008 and that misc. appeal was allowed on contest. Being aggrieved, the plaintiff has preferred this application.

(3.) MR. Roychowdhury, learned senior Advocate, appearing on behalf of the opposite parties, drawing my attention to a portion of the judgment submits that as per observation of the learned lower appellate Court, the suit is not maintainable and as such nothing is left for decision and so the appropriate orders may be passed.