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2024 Supreme(Cal) 387

SHAMPA SARKAR
Raich Ali Molla – Appellant
Versus
Kanai Lal Panua – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. Satyajit Mandal, Mr. Malay Dhar, Mr. Amit Bikram Mahata
For the Opposite Party : Mr. Sounak Bhattacharya, Mr. Sounak Mondal, Mr. Anirban Saha Ray

JUDGMENT :

Shampa Sarkar, J.

1. The revisional application arises out of an order dated February 6, 2023, passed by the learned Civil Judge (Junior Division) 3rd Court at Diamond Harbour, in Title Suit No.91 of 2007. The petitioners, as plaintiffs, filed the said suit.

2. By the order impugned, the learned court rejected an application dated May 28, 2022, filed in connection with the Title Suit No.91 of 2007. The petitioner prayed for withdrawal of Title Suit No.91 of 2007. The petitioners filed an application for reconsideration of the order dated August 29, 2018, by which Title Suit No.91 of 2007 and Title Suit No.86 of 2010, were being analogously heard. The petitioners also filed another application for stay of Title Suit No.86 of 2010. All the three applications were taken up together and rejected with cost of Rs.1000/-.

3. Learned Advocate for the petitioners submitted that Title Suit No.91 of 2007 was instituted for declaration of right, title and interest in a share of the suit property and permanent injunction.

4. Defendant Nos.1, 2 and 3 entered appearance in the said suit and filed their written statement. The petitioners filed an application before the learned court on withd

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