In The High Court at Calcutta Civil Appellate Jurisdiction Original Side The Hon'ble Justice Sabyasachi Bhattacharyya And The Hon’ble Justice Uday Kumar A.P.O.T. No.415 of 2024 Arising out of C.S. No.257 of 2016 IA No. GA 1 of 2024 Sandeep Agarwal and Another VS Sidhartha Dealer LLP and Others For the appellants : Mr. Abhrajit Mitra, Sr. Adv., Mr. Arif Ali, Adv., Mr. Arnab Sardar, Adv.

For the respondents : Mr. Dhrubo Ghosh, Sr. Adv., Mr. Souvik Majumdar, Adv., Mr. Soumabho Ghosh, Adv., Ms. Anyapurna Banerjee, Adv.

Ms. Ajeyaa Chowdhury, Adv.

Hearing concluded on : 19.02.2025 Judgment on : 26.02.2025 Sabyasachi Bhattacharyya, J:-

1. The present intra-court appeal arises out of a suit for recovery of khas possession by evicting defendant nos.2 to 5, for recovery of proportional municipal rates and taxes and mesne profits and consequential reliefs. By the impugned judgment, an application filed by the defendant nos.2 and 4 under Order VII Rule 11 of the Code of Civil Procedure, for rejection of the plaint, was dismissed.

2. The brief facts of the case are that the defendant/respondent nos.6 to

10, in the capacity of trustees to the trust estate of Raja Rajendra Mallick Bahadur, granted lea