NIRAPADA BARIK Vs. PRALAY KUMAR BISWAS AND ORS.

JUDGEMENT

(1.) There is already an order that the C.O. No. 1256 of 2013, C.O. No. 1802 of 2013 and C.O. No. 1256 of 2013 have been clubbed together and as such, I am to pass a common order. It may be mentioned that all these orders came before this Court from the Title Suit No. 289 of 2010, which is now pending before the Civil Judge (Junior Division), 2nd Court at Berhampore, within the District of Murshidabad. Let me state here the history of all these three civil orders.

(2.) C.O. No. 1256 of 2013 was filed by Nirapada Barik (hereinafter called the plaintiff/petitioner) as against Pralay Kumar Biswas (hereinafter called as the defendant/opposite party). The suit was for declaration of title, permanent injunction and also for mandatory injunction. The injunction petition was heard in presence of both sides and the learned Trial Court was pleased to pass an order of status quo in favour of the plaintiff in respect of "Ga" and "Gha" schedule property and the defendant was virtually debarred from any such construction over the "Ga" and "Gha" schedule property.

(3.) The defendant filed one Misc. Appeal before the District Judge, Murshidabad which was transferred to the Court of learned 5th Additional District Judge of Berhampore and Misc. Appeal No. 7 of 2012 was registered in the court of the District Judge and the said appeal was disposed of as per order dated 15th March, 2013 by the said Additional District Judge on contest and the said court lifted the injunction in respect of the "Ga" schedule property maintaining the order of injunction in respect of the "Gha" schedule property. Thus, the defendant was restrained from raising any construction over the "Gha" schedule property. Against that order both the parties have approached this Court and the defendant's application was treated as C.O. 1802 of 2013 as regards "Gha" schedule property. The plaintiff also filed another application under Article 227 of the Constitution giving rise to C.O. 1256 of 2013 as no restraint order was passed by the learned Additional District Judge in respect of "Ga" schedule property.