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2014 Supreme(Cal) 559

HIGH COURT OF JUDICATURE AT CALCUTTA
SAHIDULLAH MUNSHI
Sufal Mathur – Appellant
Versus
Basudev Sardar @ Durlav – Respondent


Advocates appeared:
For the Petitioners:Tapash Kr. Bhattacharya, Soumyadeep Biswas, Advocates.
For the Opposite Parties:Partha Pratim Roy, Advocate.

Judgment :

Sahidullah Munshi, J.

This revisional application at the instance of the plaintiff/petitioner is directed against Order No.21 dated June 29, 2011 passed by learned Civil Judge (Junior Division) 3rd Court, Krishnagar, Nadia in Title Suit No.43 of 2009 rejecting the petitioner’s application under Order 6 Rule 17 of the Code of Civil Procedure and also an application made under Order 1 Rule 10(2) of the said Code. The plaintiff/petitioner herein filed a suit being Title Suit No.43 of 2009 in the Court of the learned Civil Judge (Junior Division) 3rd Court, Krishnagar at Nadia against the opposite parties praying for a decree for declaration that the plaintiffs are co-owners in possession of the property in suit; that a decree for Khas possession be passed against the defendants evicting them from the suit property; that a decree be passed for mandatory injunction against the defendants to demolish the unauthorized additional construction illegally done by defendants and that a decree be passed for all costs of the suit. The suit property as it appears from the Schedule of the Plaint is 10 decimals of land out of 92 decimals fenced by Katcha and split up bamboos over which t







































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