IN THE HIGH COURT AT CALCUTTA

Civil Appellate Jurisdiction

Appellate Side

Present:

The Hon’ble Justice Biswaroop Chowdhury

C.O. 2813 of 2023

With

IA NO: CAN 1 OF 2024

With

IA NO: CAN 2 of 2024

Sri Jibananda Pal & Anr

VERSUS

Sanjukta Biswas

For the petitioner: Mr. Sounak Bhattacharya, Adv.

Mr. Sounak Mandal, Adv.

For the opposite party: Ms. Bipasha Bhattacharyya, Adv.

Mr. Dyutimoy Pal, Adv.

Mr. Debabrata Das, Adv. Mr. Debdatta Saha, Adv.

Ms. Mayuri Sil, Adv.

Mr. Tirthankar Nandi, Adv.

Last Heard on: January 05, 2026 Judgment on: January 15, 2026

Biswaroop Chowdhury,J:

This application under Articles 227 of the Constitution of India is directed against Order dated 30-05-2023 passed by Learned Civil Judge (Junior Division) 1st Court Katwa, District Purba Bardhaman in Title Suit No-

78 of 2015.

The ground on which the order of the Learned Trial Court dated 30-05-

2023 is assailed before this Court is that the Learned Court without considering the objection filed by the petitioner/defendant and without applying the mind accepted the Inspection Report submitted by the Commissioner.

The points of objection of the petitioner/defendant with regard to the Commissioner’s Report may be summed up thus:

A. Ld. Advocate Co