VIJAY KUMAR SWAIKA Vs. VINEET KUMAR SWAIKA

JUDGEMENT

(1.) THIS application is at the instance of the defendant no.1 and is directed against the Order No.47 dated May 24, 2012 passed by the learned Judge, 6th Bench, City Civil Court, Calcutta in Title Suit No.910 of 2006 thereby rejecting an application under Order 26 Rule 9 read with Order 39 Rule 7 read with Section 151 of the C.P.C.

(2.) IN this suit plaintiff being the son has instituted the suit against his father, defendant no.1 for declaration of title, recovery of possession, damages and other reliefs.

(3.) ONE Gyanwati Devi Swaika was the owner of the premises no. 25B Shakespeare Sarani, Kolkata ­ 700017 being a six storied building and compromising several flats and she was the adoptive mother of the defendant no.1. She gifted two flats being flat nos. 5 & 6 on the 4th floor of the said premises in the northern block along with two garages and two servants' rooms at the ground floor in favour of the plaintiff in 1971. The son was then a minor and the gift was accepted by the father on behalf of his son. The plaintiff/son filed the suit being Title Suit No.910 of 2006 along with an application for temporary injunction, as the father did not allow the plaintiff to park his car in the open space adjacent to the suit building.