SHAMALI DAS Vs. SWADESH GHOSH

JUDGEMENT

(1.) THIS first miscellaneous appeal is at the instance of the defendant No. 1 in a suit for declaration and injunction and is directed against order dated 15th January, 2009 passed by the learned Judge, Seventh bench, City Civil Court at Calcutta in Title Suit No. 4181 of 2008 thereby disposing of an application under Order 39 Rules 1 and 2 of the Code of Civil procedure filed by the plaintiffs by restraining the appellant from giving effect to the impugned deeds of cancellation of power of attorney as described in schedule 'b' of the application and also from making any negotiation with any party or intending buyer of the lands in question described in the two power of attorneys dated 18th December, 2006.

(2.) BEING dissatisfied, the defendant No. 1 has come up with the present appeal.

(3.) THE respondent Nos. 1 to 3 filed in the City Civil Court at Calcutta a suit being Title Suit No. 4181 of 2008 thereby praying for declaration that two registered deeds for cancellation of power of attorney dated 15th September, 2008 executed by the defendants were illegal, null and void and inoperative and for further declaration that the registered deeds of power of attorney earlier executed by the defendants empowering the plaintiffs to act on their behalf were legal, valid and operative and were still in force.