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2023 Supreme(Cal) 615

ANIRUDDHA ROY
Ejajul Houqe – Appellant
Versus
Ekramul Haque – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Subhasish Misra, Swapan Das.
For the Respondent: Nabankur Paul.

JUDGMENT :

ANIRUDDHA ROY, J.

1. This is an application under Article 227 of the Constitution of India.

2. The endorsement of the registry showed that no caveat was lodged.

Facts:

3. The petitioner herein was the plaintiff in Title Suit No. 20 of 2017 instituted and pending before the Learned Civil Judge, LCJ (Junior Division) Court, Sadar, Cooch Behar. Opposite party nos. 19 to 23 were the original defendants in the said title suit. The opposite nos. 1 to 18 were the proposed interveners (for short, the said interveners) in the said title suit.

4. The order impugned in this application was the Order No. 106 dated April 02, 2022 (for short, the impugned order) passed in the said Title Suit by the said Jurisdictional Civil Suit whereunder two applications one being dated April 13, 2021 (for short, the first intervention application) and the other being dated December 04, 2021 (for short, the second intervention application) were allowed and the interveners were added as defendants in the said title suit.

Plaint case:

5. The plaintiff/petitioner claimed to be the owner of 0.93 acres of land situated at Village and Mouza: Takagachh, District-Cooch Behar, described in “Schedule-A” to the plaint

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