Dr Supriyo Saha v. Shyama Prasad Dey Paul And ORS

18.02.2026 Item No.35 Court No.30 CHC In The High Court at Calcutta Civil Revisional Jurisdiction Appellate Side C.O. 2022 of 2025 Dr. Supriyo Saha Vs.

Mr. Shyama Prasad Dey Paul & Ors.

Mr. Sayantan Bose, Advocate Mr. Sohini Chakraborty, Advocate Ms. Priyanka Gopa, Advocate ...for the petitioner Mr. Saikat Gayen, Advocate ...for the opposite party/defendant no.1

1. The revisional application has been preferred praying for transfer of Title Suit No.301 of 2023, pending before the Court of Learned Civil Judge (Senior Division) at Sealdah, to any other competent Court on the ground that defendant no.1/opposite party no.1 is a practising Advocate of Sealdah Court where the suit is pending.

2. It is submitted by the learned counsel for the petitioner that the suit is a suit for declaration, injunction and recovery of possession of the property which is illegally and unlawfully occupied by the opposite party no.1/defendant no.1.

3. Learned counsel for the opposite party no.1 has strongly objected to the said contention of the petitioner.

4. On hearing the learned counsel for the parties and on perusal of the materials on record, this Court finds that the petitioner herein has made out a case for transfer

and accordingly, directs that the Title Suit No.301 of 2023 pending before the Learned Civil Judge (Senior Division), at Sealdah be withdrawn and be transferred to the Learned District Judge, Alipore, South 24 Parganas, who shall transfer the same to a competent Court of Learned Civil Judge (Senior Division), at Alipore.

5. The concerned transferee Court shall proceed with the suit on service of notice upon both the parties and shall make all endeavour to dispose of the case expeditiously including interlocutory applications if any.

6. C.O. 2022 of 2025 stands disposed of.

7. Liberty to the learned counsels to communicate the gist of this order to the concerned Courts.

8. Connected application, if any, stands disposed of.

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.)