Bechi Rani Saha vs Subodh Adhikari - 2025 Supreme(Cal) 59

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(Cal) 59

BISWAROOP CHOWDHURY
Bechi Rani Saha – Appellant
Versus
Subodh Adhikari – Respondent

Advocates Appeared:
For the Appellant : Mr. Pinaki Ranjan Mitra, Adv., Mr. Sounak Bhattacharya, Adv.
For the Respondent: Mr. Souvik Das, Adv., Mr. Saunak Mondal, Adv., Mr. Rudranil Das, Adv.

JUDGMENT :

Biswaroop Chowdhury, J.

The petitioner before this Court is a defendant in a suit for declaration and permanent injunction and is aggrieved by the Order dated 08.07.2022 passed by Learned Additional District Judge 1st Court Howrah in Title Appeal No- 265 of 2018. Petitioner being aggrieved by the Order passed by the Learned Appellate Court has come up with the instant application under Article 227 of the Constitution of India.

The case of the petitioner/defendant in an application under order 6 Rule 17 of the Code of Civil Procedure before the Learned Appellate Court may be summed up thus:

1. The plaintiffs originally filed Title Suit No. 16298, of 2014 in the Fourth Court of Ld. Civil Judge (Junior Division) Howrah illegally, and claiming their alleged common right of passage over “C” schedule suit whereas the appellant/defendant contested the said suit by filing written statement.

2. That after contested hearing the Learned Trial Court by its Judgment dated 27-09-2018 was pleased to grant a decree in favour of the plaintiffs. The defendant being aggrieved by the said decree preferred an appeal.

3. During the pendency of the appeal the appellant/defendant engaged new set of L