MD ZAKARIA HOSSAIN & ORS Vs. MD ISMAIL

JUDGEMENT

(1.) Leave is granted to the learned advocate-onrecord of the appellants to rectify the defect in the memorandum of appeal in the light of the report of the Stamp Reporter.

(2.) This second appeal is directed against an order being No.34 dated 15th September, 2016 passed by the learned Civil Judge (Senior Division), 1st Court, Barasat, North 24-Parganas in Title Suit No. 285 of 2010 at the instance of the plaintiffs/appellants.

(3.) Let us now consider as to whether there is any apparent mistake in the order impugned for which the appeal is required to be admitted for hearing under the provision of Order XLI Rule 11 of the Code of Civil Procedure or not. Here is the case where we find that that the plaintiffs filed a suit for partition against their co-sharers. After filing the said suit, the plaintiffs filed an application for temporary injunction under Order 39 Rules 1 and 2 of the Code of Civil Procedure for restraining the defendant from realising rent from the tenants in schedule 'ka' of the plaint.