JUDGMENT :

ARIJIT BANERJEE, J.

1. This appeal is directed against a judgment and order dated July 11, 2023, passed by a learned Judge of this Court in IA No. GA 13 of 2022 filed by the plaintiff in C.S. No. 100022 of 1996. The appellant is the defendant no. 3 in the suit.

2. The plaintiff in the suit is the respondent no. 1 herein (hereinafter referred to as ‘Goutam’). Several interlocutory applications were filed in the suit from time to time at the instance of the present appellant (hereinafter referred to as “Binaguri”) as also Goutam. I shall only refer to some of such applications as would be relevant for the present purpose.

3. In paragraph 1 of the plaint of the suit, it is stated that premises no. 4 Alipore Park, subsequently renumbered as 24/2 Alipore Road is the subject matter of the suit (in short “the suit premises”). The prayers in the plaint read as follows:

“(i) For declaration that the Deed of Transfer dated 18.06.1971 executed by Sailendra Nath Roy, since deceased, as trustee to the Trust Estate of Amarendra Nath Roy is illegal and void and the same has not affected the trust property created by the said Amarendra Roy.

(ii) For declaration that the Trust created by Amare