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28.04.2026 Item No.02 (DL)

Court No.04 AJ.

IN THE HIGH COURT AT CALCUTTA CIRCUIT BENCH AT JALPAIGURI

CIVIL REVISIONAL JURISDICTION C.O. 31 of 2026

Sukhendra Nath Banik -Vs-

Narendra Nath Banik & Anr.

Ms. Sunandita Banik.

...Attorney holder (in person).

Mr. Abhimanyu Banerjee. ...for the opposite parties.

1. This revisional application is directed against Order No.95 dated January 28, 2026 passed by the learned Civil Judge (Junior Division), Alipurduar in Title Execution Case No. 04 of 2022 whereby the petitioner’s application seeking demolition of a structures/buildings over the land described in Schedule B(i) of the decree has been held by the learned Court to be misconceived while observing that “execution for recovery of

possession is already underway”.

2. The petitioner had instituted Title Suit No. 112 of 2010 before the learned Civil Judge (Junior Division), Alipurduar praying inter alia for a decree for declaration and permanent injunction. Such suit was decreed ex parte on

December 08, 2011 in the following terms :-

“That the suit be decreed ex parte. The plaintiff gets a decree of declaration whereby the plaintiff’s right,

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title and interest over the suit land is d