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2022 Supreme(Cal) 1308

AJOY KUMAR MUKHERJEE
Nirapada Hazra – Appellant
Versus
Sekh Sarfuddin – Respondent


Advocates Appeared:
For the Petitioner: Mr. S.T. Meena, Mr. Anirban Datta.
For the Opp. Parties : Mr. Debjit Mukherjee, Ms. S. Chatterjee, Ms. D. Ganguly, Mr. K. Bhattacharya.

JUDGMENT :

1. Being aggrieved and dissatisfied with the order no.25 dated February 14, 2020 passed by the learned Civil Judge (Senior Division), Sreerampore, Hooghly in Title Appeal No.26 of 2016 arising out of Title Suit No.62 of 2006, the application being CO 709 of 2021 has been preferred.

2. Similarly, being aggrieved and dissatisfied with the same order dated February 14, 2020 passed by the same court in Title Appeal No.27 of 2016 arising out of Title Suit No.196 of 2005, the application being CO 713 of 2021 has been preferred.

3. Be it mentioned Title Suit No.62 of 2006 was instituted by Sekh Sarfuddin and otheres (sekhs) for declaration of title and injunction against Nirapada Hazra and others (Hazras) and on the other hand Title Suit No.196 of 2005 was instituted by aforesaid Hazras against aforesaid Sekhs for declaration of absolute right, title and interest in respect of schedule mentioned property to plaint. Learned trial court heard both the aforesaid suits between Hazras and Sekhs analogously and after trial decreed Title Suit No.196 of 2005 instituted by Hazras and dismissed Title Suit No.62 of 2006 instituted by Sekhs. Being aggrieved by the judgment and decree, Sekhs

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