AFTAB ALI SAHA Vs. SYED SAIDUL

JUDGEMENT

(1.) THIS revisional application is directed against an order dated 20.3.2007 passed by the Additional District & Sessions Judge, Contai, Purba Medinipur in Civil Revision No. 1 of 2007 by which an application for stay of all further proceedings in Title Suit No. 288 of 1997 was rejected.

(2.) THE Opposite Party No. 2 instituted Title Suit No. 288 of 1997 praying for declaration of his right, title and interest in respect of a suit property and also decree for permanent injunction restraining the petitioners and the proforma opposite parties from creating any disturbances in peaceful possession thereof.

(3.) HOWEVER, an application under Order 22 Rule 9 of the Code of Civil Procedure read with section 5 of the Limitation Act was filed by the Opposite Party No. 1 which was registered as Judicial Misc. Case No. 4 of 2004. The said application was opposed by the petitioners and the proforma Opposite Party No. 2, by filing a written objections.