IN THE HIGH COURT AT CALCUTTA CIVIL REVISIONAL JURISDICTION APPELLATE SIDE Present:

The Hon’ble Justice Dinesh Kumar Sharma C.O. 1605 of 2022 with CAN 1 of 2023 Sri Manik Das Vs.

Promila Das & Ors.

For the petitioner: Mrs. Sabita Mukherjee Roy Choudhury, Adv., Ms. Sneha Sinha, Adv.

For the Opposite parties: Mr. Krishna Das Poddar, Adv., Ms. Mandira Barman, Adv., Mr. Surajit Maity, Adv.

Heard on: 26.08.2025 Judgment on: 25.09.2025 DINESH KUMAR SHARMA, J.:

1. Present petition has been filed challenging the order dated March 15, 2022 passed by Learned Second Judge City Civil Court at Calcutta in Misc. Case No. 597 of 2020 (arising out of Title Execution Case No. 53 of 2011), whereby the Learned Trial Court while deciding an application of the opposite party under Order 21 Rule 101 and 104 read with Section 47 and Section 151 of the CPC set aside the ex parte judgment and decree passed by the Court in Title Suit No. 1897 of 2003 as having been passed without jurisdiction and further directed to restore back possession to the petitioners of the suit property.

2. Briefly stated the facts as emerged are that initially a Title Suit No. 1897 of

2003 was filed by the petitioner herein against among