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2024 Supreme(Cal) 403

SHAMPA SARKAR
Ruma Bhowmick – Appellant
Versus
Leap Infraproject Limited – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Gautam Mitra, Mr. Rishad Medora, Mr. Meghajit Mukherjee, Ms. Ria Mitra, Ms. Priyanka Sharma, Ms. Anusha Nagarajan
For the Respondent: Mr. Gopal Chandra Ghosh, Mr. Supratim Dhar, Mr. Dhananjay Nayak

JUDGMENT :

Shampa Sarkar, J.

1. The revisional application arises out of an order dated August 09, 2023, passed by the learned Civil Judge (Senior Division) 2nd Court at Baruipur in Title Suit No.312 of 2023.

2. By the order impugned, the learned court rejected an application under Section 10 of the Code of Civil Procedure filed by petitioner/defendant in the suit. By the same order, an application under Order 39 Rule 4 of the Code of Civil Procedure was also rejected. The parties were directed to maintain status quo in respect of their physical possession, nature and character of the suit property, till disposal of the suit.

3. Only the first portion of the order impugned, by which an application for stay was rejected, is amenable to the jurisdiction of this Court.

4. Mr. Gautam Mitra, learned Advocate appearing on behalf of the petitioner/defendant submits that Title Suit No. 312 of 2023 was filed by the Opposite party/defendant no.1 of Title Suit No.683 of 2023 and its authorized signatory by suppressing the pendency of the earlier suit. Title Suit No.683 of 2023 was filed by the petitioner against the opposite party before the learned Judge, 6th Bench, City Civil Court at Calcutta.

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