SHAMPA SARKAR
Ruma Bhowmick – Appellant
Versus
Leap Infraproject Limited – Respondent
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.
Fulchand Motilal Vs. Jetha Lall Mehta reported in AIR 1973 Pat 196
Jado Rai vs Onkar Prasad reported in AIR 1975 All 413
Patel Roadways Limited, Bombay vs. Prasad Trading Company reported in (1991) 4 SCC 270
P.V. Shetty vs. B.S. Giridhar reported in AIR 1982 SC 83
Rup Chand Dharam Chand Kanpur vs. Basant Lal Banarsi Lal reported in AIR 1975 P&H 171
Raunaq International Ltd. vs. Ota Kandla Pvt. Ltd. reported in AIR 1987 Guj 213
Shri Ram Tiwary and Anr. vs Bholi Devi and Anr. reported in AIR 1994 Pat 76
Sohrab Merwanji Modi vs. Mansata Film Distributors reported in AIR 1957 Cal 727
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