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2020 Supreme(Cal) 23

SHAMPA SARKAR
Md. Salim – Appellant
Versus
Abdul Hafiz – Respondent


Advocate Appeared:
For the Petitioners:Aniruddha Chatterjee, Tanmoy Mukherjee, Advocates.
For the Respondents:Anirban Ray, Sanjib Seth, Varun Kotharia, Advocates.

Judgment :

1. The plaintiffs in Title Suit No.30 of 2019, has preferred this revisional application being aggrieved by an order dated November 25, 2019 passed by the learned Additional District Judge, 3rd Court at Howrah in Misc. Appeal No.90 of 2019, thereby reversing the judgment and order dated March 19, 2019 passed by the learned Civil Judge (Junior Division) 3rd Court at Howrah in said Title Suit NO.30 of 2019. By the order impugned, the learned Additional District Judge 3rd Court at Howrah allowed Misc. Appeal No.90 of 2019 and set aside the order of the learned trial judge directing the parties to maintain status quo in respect of possession, nature and character and also in respect of alienation and transfer of the suit property as on the date, that is, March 19, 2019, till the disposal of the suit, holding the order to be illegal and against the provisions of The West Bengal Thika Tenancy (Acquisition and Regulation) Act, 2001(hereinafter referred to as the said Act). The learned lower appellate court came to the finding that the learned Civil Judge (Junior Division), 3rd Court at Howrah did not have the jurisdiction to decide the suit in view of the bar under Section 21 of

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