Keshab Lal Mukherjee v. Bimal Chandra Bhowmick And ANR

21.09.2022 Sl.No. 16 Ct.No.3 Amalranjan

IN THE HIGH COURT AT CALCUTTA

CIVIL APPELLATE JURISDICTION APPELLATE SIDE FMAT 319 of 2022 Sri Keshab Lal Mukherjee VS Sri Bimal Chandra Bhowmick & Anr.

With CAN/1/2022 Mr. Arnab Roy Mr. Satyam Mukherjee Ms. Sayani Ahmed Mr. Soumyadeep Mukherjee ...for the appellant Re: CAN/1/2022 (Stay) This appeal is preferred by the landlord/ lessor.

It is against an order of remand made by the learned first appellate court to the learned trial judge to adjudge this suit afresh.

In the suit, the tenants/lessees claim a declaration that they are such under the appellant/defendant. This is not the first time the suit has been remanded.

We find that the appellant is in possession of the subject premises. Furthermore, at this point of time, the suit is at the argument stage. In those circumstances, it would only be just and equitable, if the learned trial court is

allowed to complete the trial of the suit and pass a decree leaving all legal remedies and rights open to the parties in course of the trial and also after the decree is pronounced.

We order accordingly.

With the above observations and directions, this appeal and the connected application are disposed of.

( Biswaroop Chowdhury,J. ) ( I. P. Mukerji,J. )