RABINDRA KUMAR DAS Vs. USHA CHOUDHURY

JUDGEMENT

(1.) CHALLENGE is to the order dated May 19, 2009 passed by the learned District Judge, Malda in Misc. Appeal No.4 of 2009 thereby setting aside the order dated March 5, 2009 passed by the learned Civil Judge (Junior Division), 1st Court, Malda in Title Suit No. 16 of 2009.

(2.) THE plaintiff/opposite party herein instituted a suit being Title Suit No. 16 of 2009 for declaration of title, permanent injunction and other reliefs against the petitioner before the learned Civil Judge (Junior Division), 1st Court, Malda. THE plaintiff also prayed for mandatory injunction directing the petitioner to demolish the construction already made on his land. At the time of filing of the said suit, the plaintiff prayed for temporary injunction. THE defendant entered an appearance and he contested the application for temporary injunction. Upon hearing both the sides, the learned Trial Judge rejected the application for temporary injunction filed by the opposite party. Being aggrieved, the plaintiff filed a misc. appeal being Misc. Appeal No.4 of 2009 and that misc. appeal was allowed by the impugned order restraining the petitioner from raising any construction on 'Kha' schedule property appended to the plaint. Being aggrieved by such order, the defendant has come up with this application.

(3.) AS per photograph shown to the Court, the defendant/petitioner herein had already raised construction up to the 1st Floor. Now, the plaintiff has contended that the defendant did not leave side space as per provisions of the West Bengal Municipal Building Rules, 2007. So, the suit has been filed for the reliefs already stated.