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2025 Supreme(Online)(Cal) 12339

CALCUTTA HIGH COURT
SANKAR DAS – Appellant
Versus
ADITYA KUMAR DASGUPTA – Respondent


30.04.2025.

Ct.No.7.

as C.O.848 of 2025 Mr. Sankar Das Vs.

Sri Aditya Kumar Dasgupta Mr. Sounak Bhattacharya, Mr. Sounak Mandal, Mr. Anirban Saha Roy.

…for the Petitioner.

Mr. Bidhayak Lahiri, Mr. Pradip Kr. Ghosh, Ms. Bhaswati Lahiri.

…for the Opposite Party.

1. The present revisional application has been preferred under Section 24 of the Code of Civil Procedure, 1908 (hereinafter referred to as the Code) seeking transfer of an appeal, Title Appeal No.93 of 2023 pending before the learned Additional District Judge, 1st Court at Alipore, District 24-Paraganas (South) to this Hon’ble Court.

2. The opposite party, claiming to be the true owner of the suit property, filed a suit for eviction against the petitioner. In contrast, the petitioner filed a suit for declaration, asserting that he has been in possession of the suit property for a considerable period openly, uninterruptedly, and adversely for more than twenty years, in denial of the title of the true owner.

3. However, both suits were heard analogously and disposed of by a common judgment. By the said judgment, the suit for eviction was decreed, while the suit for declaration of title instituted by the petitioner was dismissed. This co

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