JUDGMENT :

Supratim Bhattacharya, J.

1. The instant appeal has been preferred by the appellant/ defendant No.2 namely Laily Ghoshal being aggrieved by and dissatisfied with the Judgment and Decree dated 7th of March 2017 passed by the Ld. Additional District Judge 1st Court Alipore, South 24 Parganas in Title Appeal No. 23 of 2017.

2. Through the aforesaid judgment and decree the Ld. Additional District Judge 1st Court, Alipore has reversed the Judgment and decree dated 13th of January 2017 passed by the Ld. Civil Judge Sr. Divn. 7th Court Alipore, South 24 Parganas, in Title Suit No. 17 of 2015.

3. The Civil Judge Sr. Divn, 7th Court Alipore, South 24 Parganas vide order dated 13.01.2017 has dismissed the Title Suit No. 17 of 2015 on contest as being not maintainable under the provision of Order II rule 2 of the Code of Civil Procedure.

4. Against the Judgment and decree passed on 13.01.2017 by the Ld. Civil Judge Sr. Divn. in Title Suit No. 17 of 2015, Title Appeal No. 23 of 2017 was preferred and ultimately the Ld. Additional District Judge 1st Court Alipore, South 24 Parganas allowed the appeal on contest without any order as to cost, by setting aside the Judgment and decree passed