BALAICHAND SAU Vs. BRINDABAN DASADHIKARI

JUDGEMENT

(1.) The plaintiffs of Title Suit No. 56 of 2013 are the petitioner of both the revisional applications. The petitioners in the said suit have prayed for decree of declaration of their 1/3rd undivided share in the suit schedule bastu 'Ka' property with a further declaration that defendant no. 1 is a stranger transferee. The plaintiffs in the said suit have further prayed for a decree of permanent injunction restraining the defendants from entering into the suit property by dispossessing the plaintiffs and without effecting partition of the suit property.

(2.) In the said suit the plaintiffs on December 12, 2013 filed an application for injunction restraining the defendant no. 1 from entering into the suit property and from making any construction therein. The plaintiffs on March 26, 2013 filed another application in the said suit for mandatory injunction thereby praying demolition of the structure allegedly constructed by the opposite party no. 1 between the period of February 19, 2013 to February 22, 2013. The learned Trial Judge heard the said two applications analogously and dismissed both the applications by the Order No. 28 dated April 22, 2015.

(3.) The plaintiffs being aggrieved by and dissatisfied with the said judgment and order of the learned Trial Judge filed two separate miscellaneous appeals. The Misc. Appeal No. 08 of 2015 was directed against the dismissal of the application filed by the petitioners for mandatory injunction and Misc. Appeal No. 09 of 2015 which was directed against the order dismissing application filed by the petitioners for prohibitory injunction.