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Calcutta High CourtCO/808/2023disposed

Panna Dasgupta And ORS v. Smt Bani Dasgupta And ANR (Dipak Dasgupta Since Deceased)

2026-01-06Hon'Ble Justice Shampa Dutt (Paul)2 pages

06.01.2026 Item No.23 Ct. No. 30 Aloke CO 808 of 2023 with CAN 4 of 2025 Smt. Panna Dasgupta & Ors.

Vs Smt. Bani Dasgupta & Ors.

Mr. Satyam Mukherjee Mr. Saibal Rakshit ... for the petitioners

1. Affidavit-of-service filed be kept with the record.

2.

CAN 4 of 2025 is moved praying for extension of interim order. But at this stage the revisional application is taken up for hearing. 3.

Vide the impugned order the trial Court was pleased to reject the defendant/petitioner's prayer for analogous hearing of the Title Suit No. 374 of 2017 along with T.S. No. 1195 of 2022.

4.

It is submitted by the learned counsel for the petitioner that one is a suit wherein eviction has been prayed for against him on the basis of a deed of partition and the second suit has been preferred by the petitioner herein challenging the said deed of partition. 5.

Though the parties are same in the said cases, the relief prayed for in the two suits are different. It is submitted that the suit property is also the same.

6.

Considering the said facts, this Court is not inclined to interfere with the order under challenge but

taking into consideration the submission made by the learned counsel for the petitioner, the civil revision is disposed of with the direction that the learned trial Court shall hear both the suits analogously.

7.

CAN 4 of 2025 is disposed of accordingly along with the civil revision.

8.

There will be no order as to costs.

9.

Interim order, if any, stands vacated.

10.

Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.

(Shampa Dutt (Paul), J.)