NIRMAL KUMAR BAG Vs. SANTI KUMAR CHAKRABORTY

JUDGEMENT

(1.) This application for revision is directed against the order passed by Shri A. K. Dutta (II), Subordinate Judge, Midnapore, allowing the plaintiff-opposite party's prayer for mandatory injunction and directing the petitioners to remove the structures and constructions raised by them in violation of the Court's order of injunction and thereby reversing the order passed by Mun-sif, Additional Court, Tamluk in other Suit No. 144 of 1965 (subsequently renumbered as other Suit No. 80 of 1968).

(2.) The plaintiff-opposite party No. 1 filed the other Suit No. 144 of 1965 on 12th April, 1965 in the First Court of Munsif at Tamluk under Section 6 of the Specific Relief Act for recovery of possession of the suit lands from the defendants-petitioners. On 2nd June, 1965 the Court passed an interim order of injunction directing the petitioners to maintain the status quo in respect of the suit lands. On 16th July, 1965 the said interim order of injunction was made absolute. On appeal by the petitioners the said order was affirmed. The suit being transferred to the Additional Court was renumbered as O. S. No. 80 of 1965. The suit was eventually decreed on contest on 7th December, 1968.

(3.) The High Court in revision by an order dated 21st July, 1969 made the rule being C. R. No. 221 of 1969 absolute and set aside the judgment and decree of the trial Court with liberty to the plaintiff to convert the said suit into a regular title suit.