IN THE HIGH COURT AT CALCUTTA

Constitutional Writ Jurisdiction

(APPELLATE SIDE)

Present:

The Hon’ble Justice Md. Shabbar Rashidi.

CO 869 of 2024

Sri Tapan Kumar Dutta @ Tapan Dutta

Vs.

Sri Pintu Dutta & Ors.

For the petitioner : Mr. Manabendra Thakur

For the Opposite Parties : Mr. Sukanta Das,

Mr. Snehasis Jana,

Ms. Anulekha Bera Misti.

Judgment on : 09/01/2026

Md. Shabbar Rashidi, J.:-

1. The parties are represented through their respective learned

Counsels.

2. The revisional application is directed against an order dated

September 29, 2023 passed in title suit No.46 of 2004 by the learned Civil Judge ( Junior Division) Additional Court at Ghatal,

Paschim Midnapore.

3. The petitioner/plaintiff filed Title Suit No.46 of 2004 seeking

declaration of right and title over the suit property. It was the allegation of the petitioner/plaintiff that the defendant/opposite party encroached certain portions of the suit property belonging to

the petitioner/plaintiff.

4. The suit was contested by the defendant/opposite party by filing written statement. The suit property was partitioned amongst the parties in terms of a registered partition deed dated December 2, 1983 wherein the petitioner/plaintiff was allotted 02