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2014 Supreme(Cal) 736

MANJULA CHELLUR, ARIJIT BANERJEE
Eden Infrastructure Pvt. Ltd. – Appellant
Versus
Eden Realty Ventures Pvt. Ltd. – Respondent


Advocate Appeared
For the Appellants:Anirban Ray, Sourya Sadhan Bose, S.K. Chakraborty, Advocates.
For the Respondents:R1, Jayanta Kr. Mitra, Surajit Nath Mitra, Sr. Advs., R2, Debashis Kundu, Arya Dutta, I. Hossain, Advocates.

Judgment

Arijit Banerjee, J.

(1) This is an appeal against the judgment and order dated 27th August, 2014 passed by the Ld. First Court in GA No. 1673 of 2014 (CS No. 186 of 2014). By the impugned judgment and order the Ld. Judge returned the plaint of the suit on the ground that the suit was a suit for land and the land being admittedly situated outside the territorial jurisdiction of this Court, this Court does not have jurisdiction to entertain or try the suit. Relevant portion of the Ld. Judge’s order is extracted below:

“The suit has been filed by the plaintiff for injunction in relation to immovable properties that are admittedly outside the jurisdiction of this Court. In deciding the prayers in the suit an adjudication has to be made to the right title and interest of the parties in respect of immovable properties that are admittedly situated outside the jurisdiction of this Court. Moreover, the relief, if granted in favour of the plaintiff, would be in relation to an immovable property which is admittedly situated outside the jurisdiction of this Court. Since the subject matter of the suit is situated outside the jurisdiction of this Court and is an immovable property, it i

























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