Pradip Mondal v. Ashis Kumar Chakraborty And ANR

Item- 5.

FMA 114 of 2025 20-08-2025 CAN 1 of 2025 Ct. 16 Pradip Monda sg

Versus

Ashis Kumar Chakraborty & Anr.

Mr. Anuj Singh Mr. Biswajib Ghosh Mr. Avirup Mondal Mr. Ratul Das Mr. Avirup Chatterjee Mr. Debdipta Sen ...for the appellant Mr. Siva Prosad Ghosh ...for the respondents 1.

We have read both the plaints carefully and we found that in the first plaint itself, there is a clear averment that the defendants have refused and denied execution of a registered deed of conveyance in favour of the plaintiff. Although, the prayer for specific performance was not prayed for in the first suit namely, Title Suit No. 406 of 2021, the second suit being Title Suit No. 575 of 2023 on the self same cause of action, would not be maintainability as it appears from the meaningful reading of the plaint in the second suit that the averments are almost similar save and except it has been alleged in the second suit that they are likely to be dispossessed. 2.

On such consideration, we are not inclined to interfere with the order passed by the learned Trial Court. The appeal and the application stand dismissed.

3.

However, this order shall not prevent the appellant to take appropriate steps in accordance with law including

the amendment of the plaint filed in the previous suit and seek appropriate reliefs.

(Soumen Sen, J.) (Apurba Sinha Ray, J.)