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2025 Supreme(Online)(Cal) 3453

CALCUTTA HIGH COURT
Sabyasachi Bhattacharyya, Uday Kumar, JJ
Dipankar Roy and another – Appellant
Versus
Manik Roy – Respondent


Advocates:
For the Appellants/Petitioners: Subhankar Dutta, Swagata Mitra
For the Respondents:

1. The defect as pointed out by the Stamp Reporter is that the certified copy of the trial court’s decree was not furnished with the Memorandum.

2. Such certified copy is filed in court today and be kept on record. The same is accepted and the defect be deemed to stand cured. The Stamp Reporter shall furnish a revised report in that regard.

3. The appeal is taken up for hearing under Order XLI Rule 11 of the Code of Civil Procedure .

4. The present appeal has been preferred against a judgment of affirmance.

5. The plaintiffs are the appellants before this court.

6. The matter arises out of a suit for declaration of title and eviction filed by the plaintiffs/appellants against the defendant/respondent.

7. Learned counsel for the appellants argues that the brother of the plaintiffs, being one of the co-sharers of the property who also inherited a share in the property from their common predecessor-in-interest, sold out a demarcated portion of the suit property to the defendant/respondent.

8. As such, since the defendant/respondent was encroaching upon the portion of the property which belongs to the plaintiffs, the present suit for declaration of title and eviction was filed.

9. Both the c

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