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2024 Supreme(Cal) 675

PRASENJIT BISWAS
S. M. Shahid Alam – Appellant
Versus
Jyotiranjan Banerjee (since deceased) substituted by Smt. Arati Banerjee – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Ganesh Shrivastava, Mr. Sukanta Das.
For the Respondent: Mr. Saptangshu Basu, Mr. Dwijadas Chakraborty, Mr. T. Chakraborty, Mr. S. Sanyal.
For the Wakf Board : Md. Salahuddin, Md. A. Zaman, Md. Raziauddin

JUDGMENT :

Prasenjit Biswas, J.

1. Feeling aggrieved and dissatisfied with the order passed by the learned Trial Court dismissing the application and refusing to reject the respective plaint under Order VII Rule 11(d) of the CPC, the petitioners preferred revision application before this Court.

2. The defendants in the Title Suit No.983/2007 on the file of the Court 3rd of learned Civil Judge (Junior Division), Court at Alipore, are the petitioners in the present civil revision petition. The above said suit was filed by the predecessor in interest of the opposite parties no(s) 1(a) to 1(e)(herein) against these petitioners (herein) for: (1) decree of declaration of the lease hold right, title and interest of the scheduled property and ownership of the building standing thereon; (2) declaration that the defendants no(s). 1 to 3 of the Mysore Family Fateha Fund Committee have no locus standi to evict the plaintiff and persons claiming through them has no locus standi in this regard; (3) a decree for permanent injunction restraining the defendants no(s). 1 to 3 of the Mysore Family Fateha Fund Committee and all persons claiming through them from disturbing the peaceful possession of the

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