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2025 Supreme(Online)(Cal) 3388

CALCUTTA HIGH COURT
CHAITALI CHATTERJEE (DAS), J
Shri Anil Shaw – Appellant
Versus
Shri Vivek Kundalia – Respondent


Advocates:
For the Appellants/Petitioners: Mr. Iftekar Munshi, Ms. Sampurna Chatterjee
For the Respondents: Mr. Rwitendra Banerjee, Mr. Aritra Roychowdhury

Table of Content
1. arguments on application for evidence. (Para 3 , 4 , 8 , 10)
2. court's observations on evidentiary standards. (Para 5 , 9 , 13 , 14 , 16 , 21)
3. defendant's acceptance of property claims. (Para 11 , 12)
4. decision on lack of merit in application. (Para 22)

1. This revisional application has been filed challenging an order dated 5th September, 2024 passed by the learned Court of Civil Judge (Senior Division), 2nd Court, Alipore, South 24 Parganas in Title Suit No.249 of 2018 whereby the application filed under Order 39 Rule 7 of the Code of Civil Procedure has been rejected as filed by the present petitioner being the defendant in this case. The suit was filed by the present opposite party/plaintiff against the present petitioner for recovery of Khas possession in respect of B Schedule property by evicting the defendant therefrom and also for a decree for mesne profit @ Rs.30,000/- tentatively from 3rd January, 2018 till the date of recovery. The present petitioner being the defendant entered appearance and filed the written statement, and averred in para 17 about dismissal of a previous sheet and further the schedule will be inspected by holding local inspection

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