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IN THE HIGH COURT AT CALCUTTA
SHAMPA SARKAR
Ambe Plywoods Private Limited – Appellant
Versus
Engineers Service Station – Respondent
| Table of Content |
|---|
| 1. court proceedings initiated without opposition. (Para 1 , 2) |
| 2. nature and terms of the dealership agreement crucial to the case. (Para 3 , 4 , 5 , 6 , 7 , 8) |
| 3. pending appeal impacts the finality of the earlier decree. (Para 9 , 10) |
| 4. basis for judicial review under article 227. (Para 11 , 12) |
| 5. significant timeline of the eviction suit. (Para 13) |
| 6. dealership agreement restricts independent occupancy. (Para 14 , 15) |
| 7. court's consideration of thika tenancy issues. (Para 16 , 17 , 18 , 19 , 20) |
| 8. judicial precedents provide guidance on thika tenancies. (Para 21 , 22 , 23 , 24) |
| 9. procedural correctness in granting injunctions is paramount. (Para 25 , 26 , 27) |
| 10. order set aside; remanding case for proper proceedings. (Para 28 , 29 , 30) |
JUDGMENT :
SHAMPA SARKAR, J.
1. Despite service, none appeared for the Opposite Party No. 2.
2. In this revisional application, the petitioner/decree holder has assailed the order dated September 25, 2025, passed by the learned Civil Judge (Senior Division), 2nd Court at Alipore, South 24 Parganas, in Misc. Case No. 211 of 2025. The Misc. case arose out of Title Execution Case No. 8 of 2025. The order had been challenged on the ground
The executing court must assess a prima facie case, balance of convenience, and risk of irreparable harm before issuing injunctions in execution proceedings, especially when jurisdictional issues, su....
The Thika Tenancy Act bars Civil Court jurisdiction over tenant disputes; however, eviction suits against trespassers are maintainable.
(1) Though suit for eviction may not be maintainable against Thika Tenant, but suit against trespasser would not be barred under Thika Tenancy Act – In order to ascertain maintainability of suit Cour....
A suit claiming eviction due to illegal occupation does not constitute a commercial dispute under the Commercial Courts Act, requiring only the Controller to determine thika tenancy.
The main legal point established in the judgment is that a decree obtained by a tenant against a licensee can be executable against subsequent purchasers who are in possession without any lawful decr....
Thika Tenancy - a mere deposit of rent with the Thika Controller cannot ipso facto create a Thika tenancy.
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