Namita Mistry And Another v. Paritosh Mistry And Others
IN THE HIGH COURT AT CALCUTTA
[ CIRCUIT BENCH AT PORT BLAIR ] ...
CO/2/2022 Namita Mistry and Anr.
Vs.
Paritosh Mistry and Ors.
Mr. Gopala Binnu Kumar ...for the petitioners Mr.Arun S.Kumar (On behalf of Mr.V.D. Sivabalan) ... for the respondents August 25, 2023 [Bithika] Item No.04 The instant Civil Revision has been filed being aggrieved against the order dated 23rd December, 2021 passed by the Court of Civil Judge (Junior Division), 2nd Court, South Andaman District at Port Blair in Title Suit No. 15 of 2021.
The Applicants before the learned Trial Court had filed an application under Order 1 Rule 10 (2) of Code of Civil Procedure, 1908 for addition of parties. Heard the submission of learned Advocates for both the parties.
The respondent No. 1, Paritosh Mistry had instituted the Title Suit No. 15 of 2021 for possessory right, title and interest in respect of land bearing survey No. 166/P area 1.00 hector situated in the village Vivekanandapur, Tehsil Little Andaman. The petitioners alongwith the plaintiffs /respondents Shri Paritosh Mistry, Smt. Dulali Mondal,
Smt. Sabita Roy and Parimal Kumar Mistry (since deceased) are siblings being the legal heirs of their father, Haripada Mistry (since deceased). It is further contended by virtue of a settlement scheme, the applicants and the respondents in the lineage of their parents was settled by the Andaman & Nicobar Administration at Hutbay, Little Andaman as mentioned in paragraph No. 5 and 6 of the application under Order 1 Rule 10 (2) CPC.
One of the brother of the applicant namely Parimal Kumar Mistry expired on 28.12.2020 being succeeded by his legal heirs namely 1) Smt. Shipra Mistry, 2) Shri Pallab Kumar Mistry, 3) Miss Sweta Mistry, 4) Shri Prathik Mistry,
5) Pranab Mistry.
After the death of the aforesaid Haripada Mistry, there was a dispute between the parties with regard to the encroached area of land allotted to them by virtue of the settlement scheme as aforesaid which initiated the institution of the aforesaid Title Suit.
In the application under Order 1 Rule 10(2) CPC as aforesaid in paragraph No. 32 and 34, the applicants prayed for addition of the legal heirs of Haripada Mistry (since deceased) as follows:- 1)Smt. Namita Mistry, D/o late Haripada Mistry
2) Shri Nirmal Kumar Mistry,S/o late Haripada Mistry
3) Smt. Kabita Mazumder, D/o late Haripada Mistry
4) Smt. Dulali Mondal,D /o late Haripada Mistry
5. (i) Smt.Shipra Mistry, W/o late Parimal Kumar Mistry (ii) Shri Pallab Kumar Mistry, S/o late Parimal Kumar Mistry (iii) Miss Sweta Mistry, D/o late Parimal Kumar Mistry (iv) Shri Prathik Mistry, S/o late Parimal Kumar Mistry (v) Shri Pranab Mistry, S/o late Parimal Kumar Mistry However, learned Trial Court vide order dated 23.12.2021 had allowed 03 of the applicants namely 1)Namita Mistry, 2) Nirmal Kumar Mistry and Kabita Mazumder to be added in the suit as defendants. Being aggrieved by the aforesaid order dated 23.12.2021, the instant Revisional Application has been filed for adding rest of the legal heirs of Haripada Mistry to be defendants in the suit being Title Suit No.15 of 2021. A supplementary affidavit has been filed by the petitioners supported by a copy of the death certificate of Parimal Kumar Mistry who died on 28.12.
2020. Let the said supplementary affidavit be retained in the record. Parimal Kumar Mistry was one of the seventh children of late Haripada Mistry and his wife (since deceased). On his demise, his legal heirs as per the family members certificate issued on 12.11.2022 by the office of the Tehsilder, Little Andaman being 1) Smt.
2) Shri Pallab Kumar Mistry, 3) Miss Sweta Mistry, 4) Shri Prathik Mistry and 5) Shri Pranab Mistry should be added as defendants in the suit.
The order dated 23rd December, 2021 passed by the Court of learned Civil Judge (Junior Division), 2nd Court, Port Blair in Title Suit No. 15 of 2021 is modified by impleading all the legal heirs namely 1) Smt. Dulali Mondal, D/o late Haripada Mistry, 2) Smt. Sabita Roy, D/o late Haripada Mistry, 3) Smt. Shipra Mistry, W/o late Parimal Mistry, 4) Shri Pallab Kumar Mistry, S/o late Parimal Kumar Mistry, 5) Miss Sweta Mistry, D/o late Parimal Kumar Mistry, 6) Shri Prathik Mistry, S/o late Parimal Kumar Mistry and 7) Shri Pranab Mistry, S/o late Parimal Kumar Mistry as defendants in the Title Suit No. 15 of 2021 for the interest of Justice.
CO No. 2 of 2022 is disposed of.
Copy of this order be communicated to the learned Civil Judge (Junior Division), 2nd Court, Port Blair for compliance.
(Ananya Bandyopadhyay, J.)