Ramakant Sharma v. Joydeep Chatterjee And Others

06.08.2024 Item No.8, DL Ct.19 A.J.

IN THE HIGH COURT AT CALCUTTA

CIVIL REVISIONAL JURISDICTION C.O. 2716 of 2024 Ramakant Sharma -Vs- Joydeep Chatterjee & Ors.

Mr. Srijib Chakraborty, Ms. Oindrila Ghosal.

......for the petitioner.

Mr. Probal Kumar Mukherjee, Senior Advocate, Ms. Shebatee Datta.

......for the opposite parties.

Affidavit of service filed on behalf of the petitioner be kept with the record.

The instant application under Article 227 of the Constitution of India is directed against order dated June 18, 2024 passed by the learned District Judge, Howrah in Misc. Case No. 33 of 2023.

The petitioner is the plaintiff of Title Suit No. 538 of 2020, a suit for declaration of title and injunction and defendant in Title Suit No. 221 of 2016, a suit for eviction of trespassers.

The petitioner took out an application under Section 24 of the Code of Civil Procedure being Misc. Case No. 33 of 2023 for transfer of Title Suit No. 538 of 2020 to the Court where the Title Suit No. 221 of 2016 is pending for the analogous trial of both the suits.

The learned District Judge, Howrah by the order impugned has dismissed the said application inter alia on the grounds that the suit for eviction is at the stage of cross-examination of the P.W.1.

In view of the nature of the two suits and their respective stages, the learned District Judge has rightly refused the prayer of the petitioner. The order impugned therefore does not call for any interference; C.O. 2716 of 2024 is thus dismissed without any order as to costs.

Urgent Photostat certified copies of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities.

(Biswajit Basu, J.)