Manik Das VS Promila Das

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

DINESH KUMAR SHARMA
Manik Das – Appellant
Versus
Promila Das – Respondent

Counsel for the Parties:
For the Petitioner:Mrs. Sabita Mukherjee Roy Choudhury and Ms. Sneha Sinha, Advocates
For the Opp. Party:Mr. Krishna Das Poddar, Ms. Mandira Barman and Mr. Surajit Maity, Advocates

JUDGMENT

Dinesh Kumar Sharma, J.—Present petition has been filed challenging the order dated March 15, 2022 passed by Learned Second Judge City Civil Court at Calcutta in Misc. Case No. 597 of 2020 (arising out of Title Execution Case No. 53 of 2011), whereby the Learned Trial Court while deciding an application of the opposite party under Order 21 Rule 101 and 104 read with Section 47 and Section 151 of the CPC set aside the ex parte judgment and decree passed by the Court in Title Suit 2 No. 1897 of 2003 as having been passed without jurisdiction and further directed to restore back possession to the petitioners of the suit property.

2. Briefly stated the facts as emerged are that initially a Title Suit No. 1897 of 2003 was filed by the petitioner herein against amongst others, the deceased father of the opposite party no. 2 and 3, namely, Rup Chandra Rajak Alias Das, inter alia, praying for a decree of declaration and recovery of Khas possession of the suit property in the premises no.B12/1/H/5 Ram Chand Ghosh Lane, Police Station-Burtolla, Kolkata-700006. The said suit was decreed ex parte by judgment and decree dated June 9, 2011. An application was filed under Order 9 Rule 13

Click Here to Read the rest of this document