SHANKAR DAS Vs. SHAHALA IQBAL

JUDGEMENT

(1.) CHALLENGE is to the Order dated February 10, 2012 passed by the learned Additional District Judge, 12th Court, Alipore in Misc. Appeal No.84 of 2010 thereby affirming the order No.2 dated February 16, 2010 passed by the learned Civil Judge (Junior Division), 2nd Court, Alipore in Title Suit No.455 of 2010.

(2.) THE plaintiff/petitioner herein instituted a suit being the Title Suit No. 455 of 2010 against the opposite parties for a decree of declaration that the defendants/opposite parties herein could not make any construction in the suit premises and/or could not take forcible possession of the same without effecting partition of the same by metes and bounds and also for a decree of permanent injunction restraining the defendants/opposite parties herein from obstructing the common passage running through the suit premises in any manner whatsoever. In that suit, he filed an application for temporary injunction praying for an order restraining the defendants, their men and/or agents from obstructing the common passage running through the suit premises and for making any construction on the suit property and on taking forcible possession of the same till disposal of the suit.

(3.) UPON hearing the learned Advocates for the parties and on going through the materials-on-record, I find that suit property is a piece of land measuring 3 cottahs, 3 chittaks and 12 sq. ft. Bastu land together with structures thereon at 15, Meher Ali Mondal Street, Kolkata-700027 under Police Station � Ekbalpur, Ward No.78 of the Kolkata Municipal Corporation. There were several transfers among the co-owners of the property in suit and ultimately, the plaintiff and the defendants became the co-owners of the suit property by such transfers and then on succession.