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2022 Supreme(Cal) 1092

SUBHASIS DASGUPTA
Sunil Sen @ Sunil Kumar Sen – Appellant
Versus
Chhanda Dutta (deceased) Represented By Samir Kumar Dutta – Respondent


Advocates appeared:
Mr. Sakti Nath Mukherjee, Sr. Adv. Mr. Saptangshu Basu, Sr. Adv. Mrs. Chandramala Mukherjee, Adv. Mr. Suhabrata Das, Adv, for the Appellant; Mr. Jayanta Kumar Mitra, Sr. Adv. Mr. Debajyoti Barman, Adv. Ms. Sanjukta Basu Mallick, Adv, for the Respondent

JUDGMENT

Subhasis Dasgupta, J. - The jurisdiction of this Court under Article 227 of the Constitution of India has been invoked impugning order no. 114 dated 18th January, 2020, passed by learned Civil Judge (Senior Division), 1st Court, Baruipur in Miscellaneous Appeal No. 12 of 2016. 1st Lower Appellate Court directed both the parties to maintain status quo in respect of nature, character and possession of suit property till disposal of the suit, thereby reversing the order no. 46 dated 26th April, 2016, passed by learned Civil Judge (Junior Division), 2nd Court at Baruipur, South-24-Parganas in Title Suit No. 240 of 2013.

2. The order of 1st Lower Appellate Court granting status quo upon reversing the order of Trial Court is thus under challenge under the supervisory jurisdiction of this Court.

3. Before addressing the issues raised in this case, a little reference to foundational facts maybe of highest relevance. Opposite party no. 1 (Chhanda Dutta, since deceased) filed a suit being Title Suit No. 240 of 2013 in the court of learned Civil Judge (Junior Division), 2nd Court, Baruipur, with a prayer for decree declaring opposite party/plaintiff and proforma defendants to be owners

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