BHAGWATI DEVI TULSYAN Vs. EASTERN COALFIELDS LIMITED

JUDGEMENT

(1.) Aggrieved by order dated 18.12.2014 passed in Misc. Appeal No. 107 of 2012, the present writ petition has been filed.

(2.) The Petitioners are plaintiffs in Title Suit No.08 of 2012 which was instituted on 19.01.2012. The respondents appeared and filed their written statement on 03.07.2012.

(3.) Mr. Atanu Banerjee, the learned counsel appearing for the petitioners submits that the Trial Court has found a "prima-facie" case in favour of the plaintiffs still, it declined to pass an order of injunction restraining the defendants from interfering with the possession of the plaintiffs. Assailing the appellate order, it is submitted that the Appellate Court did not record a finding that the finding of the "prima-facie" case in favour of the plaintiffs recorded by the Trial Court was perverse or contrary to the pleadings on record and therefore, Appellate Court was not justified in interfering with order dated 05.04.2012 passed by the Civil Judge, (Senior Division) II, Dhanbad. It is further submitted that the Appellate Court has apparently recorded an erroneous finding and interfered with the order dated 05.04.2012 in as much as, the alleged admission in paragraph nos. 18 & 24 of the plaint have been misconstrued by the Appellate Court.