ABDUL KADAR PARAMANIK Vs. ABDUL RASHID AKAND

JUDGEMENT

(1.) Heard Mr. A. Ikbal, the learned counsel appearing on behalf of the petitioner and Mr. M. Ahmed, the learned counsel appearing on behalf of the respondent.

(2.) This is an application under Article 227 of the Constitution challenging the order dtd. 16/11/2024 passed in Misc. (J) Case No.299/2024 arising out of Title Suit No.89/2011 whereby the learned Court of the Civil Judge (Junior Division) No.1 at Barpeta (hereinafter referred to as 'the learned Court') had rejected the application filed by the petitioner herein under Order VI Rule 17 of the Code of Civil Procedure, 1908 (for short 'the Code').

(3.) It is relevant to take note of that the respondents herein as plaintiffs filed a suit seeking for declaration that the plaintiffs and the proforma defendants have joint right, title and interest over the Schedule-A land of the plaint; for declaration that the plaintiffs have right, title and interest over Schedule-B land out of the Schedule-A land of the plaint; for declaration that the defendants have no manner of right, title and interest over the Schedule- C land out of Schedule-B land and that the main defendants are mere trespassers; for declaration that the main defendants are liable to be evicted from the Schedule-C land removing all structures there from and deliver khas possession thereof in favour of the plaintiffs as well as for permanent injunction. The said suit was registered and numbered as Title Suit No. 89/2011. It is pertinent to mention that the land described in Schedule-C to the plaint is a plot of land admeasuring 3 Bighas 0 Kathas 4 Lechas from which land, the plaintiffs sought recovery of possession.