SHAKUNTALA SHARMA Vs. MAHESHWARI DEVI

JUDGEMENT

(1.) This appeal is directed against order No.35 dated 14 th December, 2009 passed by learned Chief Judge being Judge-in-charge of Court No.11 of the City Civil Court in Title Suit No.618 of 2006. By the impugned order learned Judge disposed of the application of injunction filed by the appellants under Order 39 Rule 1 and 2 read with Section 151 of the Civil Procedure Code by observing that respondent No.3 was in possession of the suit flat and that parties should maintain status quo relating to said possession of respondent No.3 in the suit flat with a further direction for not disturbing the egress and ingress of respondent No.3 in the suit flat by the appellants and their agents.

(2.) Being aggrieved with said order the instant appeal has been filed by the appellants.

(3.) It is the case of the appellants that Bhubaneswari Prasad Singh Deo got the suit house, that is, 2/1 Loudon Street, Kolkata, through a deed of gift executed by its owner Charubala Debi in 1948. Bhubaneswari Prasad Singh Deo married Mary Linda Singh Deo on 11 th May, 1965 according to Special Marriage Act and four sons were born in their wedlock. Bhubaneswari Prasad Singh Deo died intested on 2 nd October, 1972 leaving behind his wife Mary Linda Singh Deo and four minor sons as his only heirs and legal representatives. Mary Linda Singh Deo on behalf of self and on behalf of four minor sons as their guardian mother, sold the suit property to Vikramaditya Prasad Singh Deo (henceforth to be termed as V. P. Singh Deo) and Udayaditya Prasad Singh Deo (henceforth to be termed as U. P. Singh Deo) by a deed of sale dated 25 th July, 1975. Said V. P. Singh Deo and U. P. Singh Deo leased out the suit property to Banwarilal Sharma and another for a period of 99 years with an option on the part of the lessees for renewal of another period of 99 years. Said Banwarilal Sharma died intested on 14 th April, 2006 leaving behind the present appellants as wife and daughters. The present appellants came to know that the respondent No.1 Maheshwari Debi alias Singh being sister of Bhubaneswari Prasad Singh Deo obtained an ex partie decree on 4 th February, 1997 in Title Suit No.483 of 1994 declaring that the certificate of marriage dated 18 th October, 1971 issued under Section 16 of the Special Marriage Act, 1954 showing the registration of marriage between Bhubaneswari Prasad Singh Deo and Mary Linda Singh Deo was void.