HARE RAM Vs. RATAN MAHANTA

JUDGEMENT

(1.) BY this application under Article 227 of the Constitution of India, read with Section 151 CPC, the petitioner has impugned the order dated 09.05.2014, passed by the learned Civil Judge, Bongaigaon, in Misc. (J) Case No. 20/13, arising out of Title Execution Case No. 7/12, whereby the petition filed by the petitioner under Order 21 Rule 97 of the CPC, read with Section 47 and Section 151 of the CPC was rejected with cost of Rs. 3,000/ -.

(2.) I have heard Mr. B.R. Dey, learned Senior counsel, appearing for the petitioner, and Mr. S.S. Sharma, learned Senior counsel, appearing for the respondent/decree -holder.

(3.) THE wife of the petitioner, i.e., the proforma respondent, as plaintiff, had filed a Title Suit, being TS No. 15/2007, against the present respondent, as defendant, with the prayers (i) to pass a decree with a declaration that the plaintiff had already acquired a good and fair adverse possessory right and interest over the suit land, (ii) to pass a decree with a declaration that the defendant has no right, title and interest over the suit land due to acquiring of adverse possessory right and interest by the plaintiff over the suit land, and (iii) to pass a permanent injunction against the defendant, his men, agents, etc. by restraining them not to make any further attempt, or to try, to enter and acquire the suit land and also not to create any disturbance towards the peaceful and khas possession and enjoyment of the plaintiff over the suit land, (iv) cost of the suit, and (v) any other relief to which the plaintiff was entitled to.