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2025 DAILYLAW 21083 (CAL)

SUDIPTA SANFUI v. MANORANJAN SARDAR (SARKAR) AND ORS.

CO/1253/2023 · 2025-03-10

Biswaroop Chowdhury

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

18 Ct- 236 ar 10.03.2025 CO 1253 of 2023 Sudipata Sanfui Vs. Manoranjan Sardar (Sarkar ) & Ors. Mr. Tarak Nath Halder … For the Petitioner Mr. Animesh Paul Ms. Susmita Ghorai … For the Opposite party nos. 1 to 6 1. The petitioner before this court is a defendant in Title Suit No. 109 of 2000 pending before the learned Civil Judge (Junior Division), 3rd Court, Basirhat, 24 Parganas (North) and is aggrieved by the order dated 10th January, 2023 passed by the learned Trial Judge in dismissing the application for stay of Title Suit No. 109 of 2000 where the petitioner/defendant no. 4 prayed for stay of the Title Suit No. 109 of 2000 till the disposal of the Partition Suit No. 33 of 2016 pending before the learned Civil Judge (Sr. Division), Basirhat, District-North 24 Parganas, 2. Heard the learned advocates appearing for the parties. 3. Learned advocates for the parties have come out with a suggestion that both the suits being Title Suit No. 109 of 2000 and Partition Suit No. 33 of 2016 be heard analogously. 2 4. After considering the submissions made by the learned advocates for the parties this Court is of the view that in the interest of justice both the above suits be heard analogously. 5. Accordingly, learned District Judge, North 24 Parganas is requested to transfer the Title Suit No. 109 of 2000 pending before the learned Civil Judge (Junior Division), 3rd Court, Basirhat, 24 Parganas (North) to the learned Civil Judge (Sr. Division), Basirhat, District- North 24 Parganas, where the Partition Suit No. 33 of 2016 is pending. 6. Learned transferee court is requested to hear both the suits analogously which are pending for a long time. 7. In view of the above, CO 1253 of 2023 stands disposed of. 8. Let a copy of this order be sent to the learned District Judge, North 24 Parganas, by special messenger at the cost of the petitioner to be deposited by 14th March, 2025 for compliance. 9. Urgent Photostat copy of this order, if applied for, be given to the parties on usual undertaking. (Biswaroop Chowdhury, J.) 3