Manick Chandra Mondal v. The Lt. Governor And ORS

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] *** FMAT/4/2024 Manick Chandra Mondal Vs.

The Lieutenant Governor and others Mr. Ananda Halder ... for the appellant Mr. Shatadru Chakraborty Mr. Dibesh Dwivedi ... for the respondents October 1, 2024 [SR] Item No.8 This is an appeal filed against a judgment dated 27 February 2024 arising out of an ex parte judgment dated 31 March 2024 passed by the Learned Joint Civil Judge Senior Division, South Andaman District, Port Blair in Title Suit No.07 of 2007 ( renumbered as T.S.No.36 of 2012) Titled Smt Satibala Mondal (now deceased) vs.

Lieutenant Governor (Administrator), A & N Islands and others).

It is submitted on behalf of the appellant that a suit has been instituted by the mother of the appellant inter alia seeking a declaration in respect the land morefully described in the plaint.

It is alleged on behalf of the appellant that the appellant has been in possession of the suit premises for more than 33 years and is entitled to a declaration and consequential reliefs. In this background, the Trial Court was justified in granting an ex parte decree in favour of the appellant.

Being aggrieved by the impugned ex-parte decree, the respondent administration has preferred an appeal which was allowed primarily on the ground that the decree was passed ex

parte as the respondent Administration had no opportunity to contest the same.

It is further submitted that the Court and the appellant had no opportunity of adducing evidence or of contesting the same on merits.

On behalf of the respondents it is submitted that the Trial Court was left with no option but to pass the decree in view of the repeated failure of the appellant to appear and contest the proceeding.

During the course of hearing of this appeal, it is fairly submitted on behalf of the appellant that, since the impugned decree dated 31 March 2024 was passed ex parte, the parties be relegated back to the Trial Court with a request for expeditious disposal of the same. This submission is not opposed on behalf of the appellant Administration. In view of the above, the instant appeal being FMAT/4/2024 is disposed of by directing the Trial Court to hear and dispose of the suit being Title Suit No.07 of 2007 (renumbered as T.S.No.36 of 2012) within a period of one year from the date of passing of this order and without any unncesasry adjournments being granted to either of the parties.

The impugned decree stands set aside. FMAT/4/2024 stands disposed of.

( Ravi Krishan Kapur,J. ) ( Prasenjit Biswas, J. )