KESHBENDU MOHANTO Vs. BINDUBASHINI SARKAR

JUDGEMENT

(1.) THIS Rule is directed against Order No. 42 dated 17-7-1978 passed by the learned Munsif at Sealdah, in Title Suit No. 442 of 1969. The Title Suit No. 442 of 1969 was decreed in part by the learned Munsif on 14-11-1972. In the said decree though the prayer for permanent injunction was granted, the prayer for mandatory injunction was rejected. Against the said judgment and decree, the plaintiff, opposite party preferred an appeal to the Court of the learned District Judge, Alipore. The said appeal which was numbered as Title Appeal No. 1196 of 1972 was heard by the learned Subordinate Judge, Sixth Court, Alipore, who was pleased to send back the suit on remand to the learned Munsif for re-hearing of the matter on certain specific points. The directions given in the judgment are as follows:--

(2.) ACCORDINGLY, I uphold the order of the learned Munsif and discharge the Rule. There will be no order as to costs.