SANTANA HAZRA v. SAMARJIT BOURI KSHETRAPAL AND ORS
SAT/140/2020 · 2025-03-21
Bibhas Ranjan De
body2025
DailyLaw.ai
[ 2025 DAILYLAW 51202 (CAL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 51202 (CAL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Item No. 04 Ct 22 rup
21.03. 2025 IN THE HIGH COURT AT CALCUTTA CIVIL REVISIONAL JURISDICTION APPELLATE SIDE SAT 140 of 2020 IA No. CAN 4 of 2025
Smt. Santana Hazra Vs Samarjit Bouri Kshetrapal & Ors. Mr. Uttiya Ray, Rajes Jana … for the appellant. Ms. Manideepa (Paul) Roy. … for the respondents.
1. This second appeal has been filed assailing the
judgment and order dated 25th August, 2020 passed in connection with Title Appeal No. 02 of 2015, wherein Learned Additional District Judge, Fast Track-II Court, Purba Bardhman affirmed the
judgment and decree dated 11thAugust, 2015 passed by the Learned Civil Judge (Junior Division), 3rd Court, Burdhaman in connection with Title Suit No. 45 of 2005.
2. The Title Suit was filed by the plaintiff/appellant in respect of the property mentioned in the schedule to the plaint with a prayer for declaration and permanent injunction.
3. Both the learned counsel are ad idem of the fact that the disputes between the parties to the suit
have already been settled and they have filed the instant solenama with a prayer for passing necessary order in terms of solenama upon recording the compromise arrived at between all the parties.
4. On careful perusal of the terms and conditions of solenama, I do not find any illegality in it and for that reason, I do not stand in the way of compromise. Accordingly, the same is decreed by declaring right, title and interest over the property in favour of the plaintiff/appellant and also respondents/defendants,
are
restrained permanently from disturbing the peaceful possession of the plaintiff/appellant in respect of the property mentioned in the schedule to the plaint.
5. The solenama be made part of the decree.
6. With the aforesaid observation, the instant appeal along with connected application stands disposed of.
7. Urgent photostat certified copy of the order, if applied for, be given to the parties on usual undertakings.
8. All parties shall act on the server copy of this
order duly downloaded from the official website of this Court. 2
(Bibhas Ranjan De, J.) 3