SATYAJIT PATRA Vs. BABU PATRA

JUDGEMENT

(1.) The revisional application is directed against an order passed by the learned District Judge, Paschim Medinipur in Misc. Appeal No.21 of 2023. By the said order, the learned lower appellate court upheld the order of mandatory injunction passed by the learned Civil Judge (Junior Division), 3rd Court, Paschim Medinipur in Title Suit No.34 of 2017.

(2.) The petitioners are aggrieved because the learned appellate court failed to appreciate the factum of possession of the petitioners in the suit property and also the fact that an earlier application for restoration of possession was disposed of without any mandatory directions. The learned advocate for the petitioners submits that the subsequent order would be barred by the principles of res judicata. The fact of the case in brief is that the plaintiff filed a suit for declaration, injunction and alternatively recovery of possession, in the court of learned Civil Judge (Junior Division), 3rd Court, Paschim Medinipur. Upon contested hearing, the application for temporary injunction was disposed of by restraining and prohibiting the defendants/ petitioners from interfering with the peaceful possession of the plaintiff in respect of the suit property, till the disposal of the suit. The defendants neither preferred any appeal from the said order, nor did the defendants file an application under Order 39 Rule 4 of the Code of Civil Procedure for variation, vacation or modification of the order of temporary injunction.

(3.) On or about August 19, 2022, the defendants trespassed into the property and forcefully dispossessed the plaintiff and their aged parents from the suit property.