DRONACHARYA MAITY Vs. SATYA RANJAN MAITY

JUDGEMENT

(1.) This application under Article 227 of the Constitution of India is directed against Order no.76 dated 13th August, 2013 made by the court of 2nd Civil Judge (Senior Division) at Contai in Title Appeal Case no.46 of 2007 whereby the petitioners/appellants' applications dated 26th May, 2010 and 24th February, 2011 under Order 41 rule 27 of the Code of Civil Procedure were held not maintainable and, therefore, rejected at that stage.

(2.) It appears from the record the petitioners/plaintiffs had filed a suit for declaration and injunction against the opposite parties/defendants claiming the suit property came to them from Baroda, the widow of Aghar who were childless. The petitioners claimed that upon the death of Aghar, Baroda came to be the owner of the property and transferred it to her brother Phani Bhusan who in turn sold it to the petitioner/plaintiff no.1. Baroda had also by further deeds transferred the property to the petitioners/plaintiffs.

(3.) The opposite party/defendant no.1 contested the suit by filing written statement claiming to be the adoptive son of Aghar. In the written statement of the said opposite party the deeds by which Baroda had transferred the suit property to the petitioners were disputed.