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2026 Supreme(Online)(Cal) 2953

CALCUTTA HIGH COURT
KALYANI MONDAL AND ORS – Appellant
Versus
PINTU RANI MONDAL AND ORS – Respondent


SL 1. 30.04.2026 Court No.39 (PA)

IN THE HIGH COURT AT CALCUTTA CIVIL REVISIONAL JURISDICTION APPELLATE SIDE C.O. NO. 4485 OF 2024 KALYANI MONDAL & ORS.

-Vs.-

PINTU RANI MONDAL & ORS.

Mr. Sounak Bhattacharyya, Mr. Sounak Mondal, Mr. Anirban Saha Roy, Ms. Bipasha Bhattacharyya …for the petitioners.

1. The instant Civil Revisional application under Article

227 of the Constitution of India has been filed by the petitioners/defendants challenging the impugned order dated 07.08.2024 passed by the Learned Civil Judge (Senior Division), 10th Court at Alipore, District – 24 Parganas (South) in Title Suit No. 49 of

2015.

2. The brief fact of the instant case is that the opposite parties/plaintiffs filed a suit for partition and for permanent injunction against the Defendants/petitioners and the proforma opposite parties.

3. The Defendants/petitioners herein, after entering an appearance in the said suit, filed an application under Order 7 Rule 11 of the Code of Civil Procedure, seeking rejection of the plaint on the ground that the suit is strictly barred by the Benami Transaction (Prohibition) Act, 1988.

4. After hearing the parties, the said application was rejected by the learned Trial Court on 1

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