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2020 Supreme(Cal) 226

SHAMPA SARKAR
Sankar Prasad Dey – Appellant
Versus
Sandip Kumar Dey – Respondent


Advocates Appeared:
Ashok Kumar Banerjee, Advocate, Tanmoy Mukherjee, Advocate, Saptangshu Basu, Advocate, Mrinalini Mazumder, Advocate

JUDGMENT

Shampa Sarkar, J. - The petitioner is the plaintiff in Title Suit No.443 of 2016 pending before the learned Civil Judge (Junior Division) 4th Court, Serampore, District-Hooghly. The petitioner is aggrieved by an order dated November 21, 2019 by which the application under Section 151 of the Code of Civil Procedure dated November 19, 2018 (IA/2/2019) was rejected by the learned Civil Judge (Junior Division) 4th Court, Serampore.

2. It is contended on behalf of the petitioner that the petitioner had filed a suit against the opposite party, inter alia, for a declaration to the effect that the defendant did not have any right to close the door by lock and key over the 'B' schedule property, thereby causing an obstruction to the ingress and egress of the petitioner to the ground-floor passage leading to the stair case as well as to the electric meter. The further case of the petitioner was that the petitioner as the brother of the opposite party had 1/4th share in the joint property left by the father. Title Suit No.376 of 2014 was filed by the petitioner for partition of his 1/4th share. The said title suit was pending before the learned Civil Judge (Senior Division) at Serampo

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