IN THE HIGH COURT AT CALCUTTA

Civil Appellate Jurisdiction

ORIGINAL SIDE

APOT/68/2025

WITH

CS/220/2021

IA NO: GA/1/2025

MOLINA DEY

VS

RUNA KUNDU

wt2

OCOT/4/2025

SMT MOLINA DEY

VS

RUNA KUNDU

BEFORE:

The Hon'ble JUSTICE ARIJIT BANERJEE

AND

The Hon'ble JUSTICE RAI CHATTOPADHYAY

For appellant : Mr. Sabyasachi Chowdhury, Sr. Adv.

Mr. Meghnad Dutta, Adv.

Mr. Arindam Paul, Adv

Mr. Abhishek Shaw, Adv.

For the respondent : Mr. Amitava Mukherjee, Sr. Adv.

Mr. Lalratan Mondal, Adv.

Ms. Antara Das, Adv.

Ms. Munmun Dubey, Adv.

Ms. Arpita Saha, Adv.

Judgment on : 20.08.2025

Arijit Banerjee, J. :-

1. This appeal and cross-objection are directed against a judgment and order dated February 12, 2025, passed by a learned Judge of this Court in

GA no. 9 of 2023 filed on CS no. 222 of 2021.

2. The appellant, Smt. Molina Dey (in short Molina) has filed the suit against the defendant, Smt. Runa Kundu (in short Runa), for eviction,

recovery of khas possession of the suit premises and mesne profits. Runa filed an application for rejection of the plaint. It is that application which was disposed of by the learned Single Judge with a direction that the plaint to be returned to the plaintiff i.e., Molina, with liberty to file the same befor