PARAMJIT SINGH NARULA Vs. SUNIL ANCHALIA

JUDGEMENT

(1.) CHALLENGE is to the order dated March 10, 2011 passed by the learned Additional District Judge, Alipore in Misc. Appeal No.513 of 2010 thereby affirming the order dated August 30, 2010 passed by the learned Civil Judge (Junior Division), 3rd Additional Court, Alipore in Title Suit No.227 of 2008.

(2.) THE plaintiffs / opposite parties filed a suit being the Title Suit No.227 of 2008 for declaration, permanent injunction and other reliefs. THE defendants / petitioners herein are contesting the said suit. THE plaintiffs filed an application for temporary injunction and then, the learned Trial Judge disposed of the application restraining the defendants / petitioners herein from dispossessing the plaintiffs from its registered office at 49/5/H/149, Karl Marx Sarani, Kolkata-700023 till the disposal of the suit.

(3.) THEREAFTER, the plaintiffs filed an application for mandatory injunction asking the defendants to restore possession to the plaintiffs, holding that the defendants in violation of the order of injunction took forcible possession of the premises in question. The defendants preferred a misc. appeal being the Misc. Appeal No.513 of 2010 and that misc. appeal was disposed of by the learned Additional District Judge, 11th Court, Alipore on March 10, 2011 affirming the order of the learned Trial Judge dated August 30, 2010. Being aggrieved by such orders, this revisional application has been preferred.