Sakthi Vel v. Smti. Sarala Baidya And ANR

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] *** SAT/2/2025 (IA NO: CAN/1/2025) Sakthi Vel Vs.

Smti. Sarala Baidya and Another Mr. K. M. B. Jayapal ... for the appellant March 18, 2025 [SR] Item No.3 1.

The order of the affirmation by the First Appellate Court of the decree of the Trial Court is being challenged in the second appeal. A second appeal can be admitted provided it involves a substantial question of law as opposed to any question of law.

2.

Both the Trial Court and the Appellate Court, on examination of the documents and evidences have come to a definite finding that the survey No.34/1/15 is under occupation of one Mathew Joseph. The said finding is based on material including affirmation of possession of Mathew Joseph in earlier proceeding between the parties.

3.

On such consideration, we do not find any reason to admit the second appeal.

4.

The second appeal along with CAN/1/2025 stand dismissed. However, there shall be no order as to costs. ( Soumen Sen, J. ) (Raja Basu Chowdhury, J. )