GOUTAM BHAKAT Vs. ASIM KABIRAJ

JUDGEMENT

(1.) The impugned order No. 23, dated 17th September, 2016 passed by learned Civil Judge (Junior Division), 1st Court, Paschim Medinipur, in Title Suit No. 210 of 2011, allowing the prayer for addition of parties, under Order 1 Rule 10 of C.P.C. is the subject of challenge in this revisional application. Petitioner/plaintiff instituted Title Suit No. 210 of 2011, in the court of learned Civil Judge (Junior Division), 1st Court, Paschim Medinipur, praying for a declaration over 'A' schedule property with a further decree for permanent injunction, restraining the defendants from disturbing the peaceful possession of the plaintiff in respect of 'A' schedule of the plaint. The instant suit was filed impleading as many as five (5) defendants, who were alleged to have threatened the plaintiff/petitioner from disturbing his peaceful possession over 'A' scheduled property by celebrating Dugra Puja forcibly, erecting pandal there in the open space available in 'A' scheduled property. The dispute pertaining to threat of dispossession by the alleged performance of celebration of Durga Puja was principally directed against R.S. Plot No. 110 of Mouza- Cantonment Barpathar, District- Paschim Medinipur.

(2.) The simpliciter case of plaintiff/petitioner is that the plaintiff's grandfather in the year 1925 by sale deed, being No. 4202 of 1925, purchased property in Plot No. 110 of Mouza- Cantonment Barpathar, appertaining to R.S. Khatian No. 78. The predecessor of the plaintiff, after purchase of 'A' scheduled property, got his name recorded in record of right. Thereafter, on the strength of a decree passed in Title Suit No. 138 of 1989 and by inheritance plaintiff/petitioner claimed to be owner of the scheduled property.

(3.) The contention raised in such suit by the plaintiff/petitioner is that though the father of the plaintiff sold some portion of suit property from Plot No. 110 to different persons, but there was still some property left unsold in Plot No. 110. The defendants being local inhabitants, started disturbing his peaceful possession over the 'A' schedule property in the name of celebration of Durga Puja, Kali Puja and some other social functions in the vacant space available in 'A' schedule property.