SAILENDRANATH TAPASWI Vs. NETAI SUNDAR ACHARYA

JUDGEMENT

(1.) This revisional application is at the instance of judgement debtors and is directed against Order No. 12 dated November 29, 2000 passed by the learned Civil Judge, Junior Division, Kalna in Title Execution Case No.1 of 1998 thereby allowing an application under Section 152 of the Code of Civil Procedure read with Section 151 thereof for amendment of the decree passed in Title Suit No. 109 of 1982.

(2.) The opposite party brought against the petitioners in the Court of learned Munsif at Kalna a suit being Title Suit No. 109 of 1982 thereby praying for declaration of his right of way and drainage of water from A scheduled property to the Municipal Main Road through B scheduled property and for mandatory injunction directing the defendants to remove the encroachment on B scheduled property by removal of cowshed built thereon. A further prayer for perpetual injunction restraining the defendants from interfering with the plaintiffs aforesaid right over the B scheduled property was also claimed.

(3.) Such suit was decreed on contest by the learned trial Judge on August 31, 1997.