SUDHANYA KUAMR BANIK Vs. GOPIKA RANJAN SEN

JUDGEMENT

(1.) This is the defendant Nos. 1 and 2's revision petition under Section 115 read with Section 151 of the Code of Civil Procedure from the judgment dated 27.2.91 passed by the learned Assistant District Judge, Karimganj in Misc. Appeal No. 15 of 1982 affirming and upholding the injunction order Misc. Appeal No.15of 1982 affirming and upholding the injunction order dated 10.2.82 passed by the Munsiff No. 3 Karimganj in Title Suit No. 102 of 1981 to and in favour of the plaintiffs, the respondent Nos. 5 to 15 herein.

(2.) The facts of the case in a short compass are as follows: The plaintiffs (the respondent Nos. 4 to 15 herein) filed a suit being Title Suit No. 102 of 1981 in the Court of the Munsiff No. 3, Karimganj for declaration of their easement right over the suit path and also for perpetual injunction restraining the defendants, five in numbers including the present petitioners (defendant Nos. 1 and 2) from obstructing the plaintiffs in using the said suit path and for other reliefs.

(3.) It is the case of the plaintiffs that the suit path shown as mark "A" and "B" in the sketch of the schedule of the plaint was originally owned by late Jogendra Chandra Das and the said path is used by defendant Nos. 1, 2,4 and 5. The plaintiffs along with others have been using the said path as their way in attending latrine and urinal as they have no other alternative arrangement. The plaintiffs were also using the water of pond situated at mark "F" of the sketch map appended to the plaint since life time of late Jogendra Chandra Das and with full knowledge of all the defendants. The plaintiffs went on to state that the defendants were about to close the said suit path, and if it is closed, they will be deprived of from using the said latrine and the pond in question. It is also the case of the plaintiffs that defendant Nos. 1 and 2, the petitioners herein, in collusion with other defendants have instituted one Title Execution Suit being No. 4 of 1981 in the Court of Munsiff II, Karimganj so as to grub the passage of the path in question. Hence the plaintiffs instituted the suit and also filed an application under Order 39 Rule 1 and 2 read with Section 151 of the Civil Procedure Code for a temporary injunction. The learned Court below issued an exparte ad interim injunction as against the defendants.