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2023 Supreme(Cal) 357

AJOY KUMAR MUKHERJEE
Kashi Nath Sett – Appellant
Versus
Sadhu CharanSett (Grocery) – Respondent


Advocates Appeared:
For the Petitioner: Mr. NilanjanBhattacharjee.
For the Respondents: Mr. SubhasisDey, Mr. Siddhartha Banerjee, Mr. Victor Mukherjee.

JUDGMENT :

(Ajoy Kumar Mukherjee, J.)

1. The present application under Article 227 of the constitution of India is directed against the order dated 17thApril 2021passed by the Learned Civil Judge (Senior Division), 1st Court at Howrah in Title Suit No. 254 of 2015 whereby and whereunder the Court below was pleased to reject defendant/Petitioner’s application under order VII Rule 11 of the Code of Civil Procedure, 1908 (CPC).

2. The said Suit was instituted by the plaintiffs/opposite party no 2 &3 claiming inter-alia a decree for declaration to the effect that the plaintiffs are entitled to have an access to and enter into the premises no 327, N.S. road, Howrah wherefrom the business is being carried on in the name of the opposite party no. 1. In the said suit, the plaintiffs/Opposites parties also claimed inter-alia a decree for declaration to the effect that the defendants are obliged to disclose to the plaintiffs, the day to day cash balances in relation to the business run in the name of the opposite party no. 1 along with a decree for discloser of accounts and a decree for perpetual injunction.

3. The defendants/petitioners had filed written statement in the said suit denying al

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