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DISTRICT: NORTH 24 PARGANAS

BEFORE THE LEARNED CIVIL JUDGE (JUNIOR DIVISION) 1ST COURT AT

TITLE SUIT NO. 336 OF 2025

Indranath Nath Roy & Another

PROCEDURE, 1908 FOR VACATING THE EX-PARTE ORDER DATED 6TH

MARCH, 2025 PASSED AGAINST THE PRINCIPAL DEFENDANTS.

The humble petition on behalf of

the Defendant Nos. 2 and 3 above-

named:

Most Respectfully Sheweth:

1. Your petitioners state that the instant application is being filed for

vacating the ex-parte order dated 6 th March passed by the Ld. Civil

Judge (Jr. Division)1st Court at Barasat in Title Suit No. 336 of 2025

(hereinafter referred to as the “said suit”), whereby an interim order of

injunction has been passed which is as follows: -

“That the defendants no.2 & 3 & their men & agents are restriend from

raising from any illegal construction work over the suit property

blocking the common passage or from dispossessing the plaintiff from

the suit property as mentioned the schedule of the plaint till

23.04.2025.”
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2. Your petitioners state that they were only served with an unaffirmed

copy of the plaint filed in the said suit , as well an unaffirmed copy of

the application filed under Order 39 Rule 1 and 2 of the Code of Civil

Procedure, 1908 read with section 151 of the Code of Civil Procedure,

1908( hereinafter referred to as the “said injunction application”) by

way of a covering letter dated 7 th March, 2025 by an Advocate named

Moumita Mukherjee representing the plaintiffs herein, which was

received by your petitioners herein on 9 th March, 2025 stating that an

interim order of injunction has been passed by the Ld. Civil Judge (Jr.

Division)1st Court at Barasat against your petitioners in the said suit. A

copy such covering letter dated 7 th March, 2025 sent by an Advocate

named Moumita Mukherjee representing the plaintiffs herein is

annexed hereto and marked as Annexure- “A”.

3. Your petitioner states that the plaintiffs herein had filed the instant suit

being Title Suit No. 336 of 2025 praying for the following reliefs: -

“a) That a decree of declaration that plaintiffs and profarma

defendants are the joint owners and possessors of the suit

property having, 1/6th share each.

b) That an order of permanent injunction restraining the

principal defendants no.2 & 3 and their men and agents from

disturbing the peaceful possession of the plaintiffs over the suit

property and/or from dispossessing the plaintiffs from the suit

property and to pass an order of temporary injunction on the

same terms and conditions.

c) That all cost of the suit.

d) That all other relief/s the plaintiffs are in law entitled to get.”
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A copy of the plaint filed by the plaintiffs herein in the said suit is

annexed hereto and marked as Annexure- “B”.

4. The plaintiffs herein had also filed the said injunction application

praying for the following relief: -

“Than an order of temporary injunction restraining the principal

defendants no.2 & 3 and their men and agents from raising any illegal

construction work, over the suit land blocking the common passage

and by encroaching by portion of the suit land and/or from

dispossessing the plaintiffs from the suit property and/or crating any

disturbance to the peaceful possession of the plaintiffs over the suit

land and to pass an order of interim injunction on the same terms and

conditions.”

A copy of the said injunction application filed by the plaintiffs herein in

the said suit is annexed hereto and marked as Annexure- “C”.

5. Your petitioners state that they were shocked and surprised upon

receiving such letter dated 7th March, 2025 and further after perusing

the copy of the plaint as well as the copy of the said injunction

application, as your petitioner are not at all related to the suit property

being the subject matter of the said suit as has been described in

Schedule A of the said suit which is follows: -

“A schedule property

(Above referred to)

All that piece and parcel of total are of lands measuring about 7

decimals of lands (more or less) in L.R. dag no.754, recorded in L.R.

Khatian no.916, J.L. no- 8, within Mouza- Raghunathpur, P.S- Rajarhat,

now Baguiati, District- North 24 Parganas.

On the North: - Land of Anil Kr. Loharuka & the 4ft common passage.

On the South: - House of others

On the East: - VIP Road

On the West: - House of others & 12 ft wide common passage.”

6. It is extremely pertinent to mention that your petitioners have by way

of a registered Deed of Conveyance dated 11th March, 2017 had

purchased THE SCHEDULE

(the said property)

ALL THAT piece or parcel of land measuring 2 (Two) Cottah, more or

less, being Plot No. 22, lying and situated under Mouza- Raghunathpur,

J.L. No.- 8, comprised in R.S./ L.R. Dag No. 754, appertaining to R.S.

Khatian Nos. 220, corresponding to L.R. Khatian No. 3182, previously

under Police Station- Rajarhat, presently under P.S.- Baguiati, District-

North 24 Parganas TOGETHER WITH all sorts rights, title, interest,

privileges and appurtenances whatsoever belonging to or enjoyed or

inherited therewith and appurtenant thereto, more fully shown in the

map or plan annexed hereto and bordered RED thereon and butted

and bounded as follows:

ON THE NORTH: By a building of the Purchasers in the L.R. Dag

No.754 (part);

ON THE SOUTH: By a 4 (Four) feet wide common passage;

ON THE EAST: By land of the Purchasers in the L.R. Dag No.754

(part);

ON THE WEST: By a 10 feet wide common Road (Shastri Bagan);

(hereinafter referred to as the “said land”) from one Mr. Balaram

Chandra Dey and had become the lawful owners of the said land. It is
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pertinent to mention that your petitioners have duly mutated and

recorded their names as the lawful owners with regard to the said land

as well and have been in lawful possession of the said land since 14th

March, 2017. A copy of the registered the Deed of Conveyance dated

11th March, 2017 along with the mutation certificate recording the

names of your petitioner as the owner of the said land is annexed

hereto and marked as Annexure – “D”.

7. It is extremely pertinent to mention that your petitioners deal in

business of development and construction and are the directors of the

company named Loharuka Group which mainly deals in construction

business. Thus, upon being lawful owners of the said land, your

petitioners wanted to exploit the said land commercially and as such

had applied before the _________________ Municipality for the purpose of

construction in the said land.

8. It is stated that upon going through the records, the ___________-

Municipality has approved the sanction plan for the purpose of

construction in the said land on_________. A copy of the sanction plan

dated ___________ issued by the ________________ Municipality is

annexed hereto and marked as Annexure- “E”.

9. It is extremely pertinent to mention that from a bare perusal of the

sanction plan it would be evident that the said land in which the

construction work is being done by your petitioner is nowhere related

the suit property of the said suit and as such the allegation leveled

against your petitioners by the plaintiffs in the said suit is absolutely

frivolous, baseless, not substantiated with any documents and has no

legs to stand at all.

10. It is further stated that that plaintiff herein with an ulterior

motive the plaintiff has filed this instant said suit in order to harass

your petitioner and to make unlawful gains from your petitioners

11. It is stated that the said suit as well the said injunction

application is frivolous, harrassive, baseless, without any merit and as

such should be dismissed with exemplary costs

12. It is further stated that from the above-mentioned facts, it is

evident that the schedule of the said suit being the subject matter in

the said suit, is absolutely different from the said land of which your

petitioners are the lawful owners. Further from the sanction plan

issued by the ____________ Municipality it is quite evident that the

construction done by your petitioners is no were related and/or

affecting the suit property of the said suit at all.

13. Thus, in view of the above facts and circumstances stated herein

above, it evident that your petitioners have not made any illegal

construction in the said suit property blocking the common passage or

has made any efforts in trying to dispossess the plaintiff from the said

suit property at all.

14. In view of the facts and circumstances stated herein above it is

humbly prayed that the interim order dated 6 th March, 2205 passed by

passed by the Ld. Civil Judge (Jr. Division)1 st Court at Barasat in Title

Suit No. 336 of 2025, whereby the interim order of injunction has been

passed which is as follows: -

“That the defendants no.2 & 3 & their men & agents are restriend from

raising from any illegal construction work over the suit property

blocking the common passage or from dispossessing the plaintiff from

the suit property as mentioned the schedule of the plaint till

23.04.2025.”, be vacated. It is further stated that unless the order of

ex-parte interim order of injunction is vacated by this Learned Court,

your petitioners shall suffer irreparable loss and injury.

15. Unless orders as prayed for herein are passed, your petitioners

will suffer irreparable loss and prejudice and will be left with no other

alternative.

16. This application is made bona fide and in the interest of justice.

Under the aforesaid facts and

circumstances, it is humbly prayed

that this Learned Court may

graciously be pleased to vacate

the order of interim injunction

passed against the defendants no.

2 and 3 directing that “That the

defendants no.2 & 3 & their men &

agents are restriend from raising

from any illegal construction work

over the suit property blocking the

common passage or from

dispossessing the plaintiff from the

suit property as mentioned the

schedule of the plaint till

23.04.2025.” by virtue of order

dated 6th March, 2025 passed in

the said injunction application filed

in the instant suit being Title Suit

No. 336 of 2025 and to pass such

further and/or other order or

orders as this Learned Court may

deem fit and proper.

And for this act of kindness your petitioners, as in duty bound shall ever

pray.
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AFFIDAVIT

I, ______, Son of Late _______, aged about ____Years, by faith – ______, by

occupation -_________, residing at _____,do hereby solemnly affirm and say as

follows: -

1. I am the Defendant no. 2 herein and am fully conversant with the facts

and circumstances of this case and is competent to file this affidavit on

behalf of the Defendants No. 2 and 3.

2. The statements made in paragraphs 1 to 7 are true to my knowledge

and the rest are humble submissions before this Learned Court.
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Prepared in my office Deponent

Advocate Identified by me

Advocate