IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE APOT/68/2025 WITH CS/220/2021 IA NO: GA/1/2025 MOLINA DEY VS RUNA KUNDU wt2 OCOT/4/2025 SMT MOLINA DEY VS RUNA KUNDU BEFORE:

The Hon'ble JUSTICE ARIJIT BANERJEE AND The Hon'ble JUSTICE RAI CHATTOPADHYAY For appellant : Mr. Sabyasachi Chowdhury, Sr. Adv.

Mr. Meghnad Dutta, Adv.

Mr. Arindam Paul, Adv Mr. Abhishek Shaw, Adv.

For the respondent : Mr. Amitava Mukherjee, Sr. Adv.

Mr. Lalratan Mondal, Adv.

Ms. Antara Das, Adv.

Ms. Munmun Dubey, Adv.

Ms. Arpita Saha, Adv.

Judgment on : 20.08.2025 Arijit Banerjee, J. :-

1. This appeal and cross-objection are directed against a judgment and order dated February 12, 2025, passed by a learned Judge of this Court in GA no. 9 of 2023 filed on CS no. 222 of 2021.

2. The appellant, Smt. Molina Dey (in short Molina) has filed the suit against the defendant, Smt. Runa Kundu (in short Runa), for eviction, recovery of khas possession of the suit premises and mesne profits. Runa filed an application for rejection of the plaint. It is that application which was disposed of by the learned Single Judge with a direction that the plaint to be returned to the plaintiff i.e., Molina, with liberty