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Calcutta High CourtCO/4439/2023disposed

Sree Sree Bastu Devta And Sri Shiva Thakur Rep By Mohan Chandra Das And ORS v. Santosh Das And ANR

2026-04-17Hon'Ble Justice Shampa Dutt (Paul)2 pages

17.04.2026 Ct. No. 30 S.L. No. 27 SM CO 4439 of 2023 Sree Sree Bastu Devta & Sri Shiva Thakur Reptd. by Mohan Chandra Das & Ors.

Versus

Santosh Das & Anr.

Mr. Falguni Bandyopadhyay Ms. Riya Ballav Mr. Tamal Mukhopadhyay Mr. Aindrik Chatterjee .......for the petitioner 1.

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

2.

The present revisional application has been preferred praying for transfer of Title Suit no. 2 of 1986 pending before the learned 2nd Court of the Civil Judge Senior Division at Alipore, District 24 Parganas South, to any Court having territorial jurisdiction and pecuniary jurisdiction under the District Judge at Barasat.

3.

It is submitted by the learned counsel for the petitioner that the suit was filed in the Month of January, 1986 and in March, 1986 the District of 24 Parganas was divided into North and South.

4.

It is submitted that as it was an undivided 24 Parganas the suit was filed before the Court at Alipore.

5.

It is submitted that the suit property since March, 1986 is within the jurisdiction of 24 Parganas North being at Dumdum.

6.

Accordingly, considering the said fact, the prayer for transfer is hereby allowed. Title Suit no. 2 of 1986 be withdrawn from the file of the learned Civil Judge (senior division), 2nd Court, Alipore, South 24 Parganas and be transferred to the Court of learned District Judge, North 24 Pargana who shall transfer the same to the Court having jurisdiction. 7.

Considering that the suit is of the year 1986, the Trial Court shall make all endeavour to dispose of the suit for declaration, expeditiously, preferably within a period of one year from the date of this order.

8.

As the opposite party has not appeared. The learned Transferor Court and the Transferee Court both shall issue notice upon the parties regarding the said transfer and upon proper notice, the Court shall take the matter for disposal.

9.

The revisional application stands disposed of.

10.

Let a copy of this order be sent to the concerned Court at once.

11.

Photostat certified copy of this order, if applied for, be given to the parties on priority basis upon compliance of all formalities.

[Shampa Dutt (Paul). J]