PUSPA DEY Vs. JAYANTA KUMAR DEY

JUDGEMENT

(1.) This application for review has been filed against the judgment and order dated October 5, 2010 passed by this Bench in C.O. No.123 of 2009 thereby affirming the concurrent findings of the Courts below as to maintaining status quo order in respect of the suit property during the pendency of the suit in a matter for temporary injunction.

(2.) The plaintiffs/opposite parties herein instituted a suit being Title Suit No.193 of 2008 before the learned Civil Judge (Junior Division), Barasat for declaration of title and permanent injunction in respect of the suit property as described in the schedule to the plaint.

(3.) They prayed for temporary injunction along with a prayer for ad interim injunction. The plaintiff and the defendant no.1 are the full brothers and they jointly purchased the land in suit measuring 16 decimals of land in suit in 1973. The plaint does not disclose that the plaintiff had sold his half share therefrom though the defendant no.1 had claimed that the plaintiff had sold his share to the son of the defendant no.1 in 1991.