NIRMAL KANTI ROY BARMAN ALIAS BARMAN ROY S/O LATE NISHI KANTA ROY BARMAN Vs. MRINAL KANTI ROY BARMAN ALIAS BARMAN ROY S/O LATE NISHI KANTA ROY BARMAN

JUDGEMENT

(1.) THIS is a petition under Article 227 of the Constitution of India, directed against order dated 06.10.2010, passed by learned Additional District Judge, Court No.3, West Tripura, Agartala, in Civil Misc.(Appeal) No.05 of 2008.

(2.) HEARD learned counsel, Mr. D.R. Choudhury and learned counsel, Mr. D. Deb for the petitioners and learned senior counsel, Mr. S. Deb, assisted by learned counsel, Mr. P. Datta for the respondent.

(3.) THE respondent as plaintiff instituted Title Suit No.(C/C) 09 of 2008 in the Court of Civil Judge, Jr. Division, Court No.2, Agartala, West Tripura, along with a separate petition under Order XXXIX Rule 1 and 2 of CPC, praying for temporary injunction restraining the defendants from interfering and/or disturbing peaceful possession of the plaintiff in the suit land. The prayer for temporary injunction was allowed by the learned Civil Judge, Jr. Division in Civil Misc. Case No.05 of 2008 vide order dated 11.03.2008. Against that order the petitioners preferred Civil Misc.(Appeal) No.05 of 2008 before the District Court and learned Addl. District Judge, Court No.3, West Tripura, Agartala, by order dated 06.10.2010 dismissed the appeal and affirmed the order passed by learned Civil Judge, Jr. Division, dated 11.03.2008 in Civil Misc. Case No.05 of 2008.