08.07.2026 Court No.2 Item No.64 sudipta IN THE HIGH COURT AT CALCUTTA CIVIL REVISIONAL JURISDICTION APPELLATE SIDE CO 35 of 2024 Md. Jiyad Ali Mondal since deceased rep. by Rashida Begum & Ors. Vs. Md Ajijur Rahaman Molla @ Esten Ali Molla & Ors. Mr. Tarak Nath Haldar …for the petitioners Mr. Md. Shahjahan Hossain Ms. Sanjida Sultana …for the opposite parties 1. Present petition has been filed challenging the order dated 4th December, 2023 whereby an application for stay filed by the petitioner / defendant no.1 was dismissed by the learned Trial Court. The brief stated the facts are that the opposite party no.1 / plaintiff filed Title Suit No. 130 of 2011 for declaration and permanent injunction which is pending disposal before the learned Civil Judge (Jr. Div.), 2nd Court at Basirhat. While this suit is pending disposal petitioner / plaintiff filed Title Suit No. 393 of 2023 for declaration, injunction and partition. 2. During the course of submissions both the parties submit that they would be satisfied if the Title Suit 130 of 2011 and Title Suit 393 of 2023 is tried and decided 2 by the same court of competent jurisdiction. It is worth mentioning that Title Suit 130 of 2011 is being tried by learned Civil Judge (Jr. Div.) 2nd Court at Basirhat whereas Title Suit 393 of 2023 is being tried by the learned Civil Judge (Sr. Div.) at Basirhat. It is not disputed that subject matter of both the properties are same and the parties are also same. It would be in the interest of justice if both the suits i.e. Title Suit no. 130 of 2011 and Title Suit no. 393 of 2023 are tried and decided simultaneously by one court. 3. Hence, Title Suit no. 130 of 2011 is transferred from learned Civil Judge (Jr. Div.), 2nd Court, Basirhat to the learned Civil Judge (Sr. Div.), Basirhat, for trial in accordance with law from the stage where it is pending trial with the learned Civil Judge (Jr. Div.), 2nd Court, Basirhat. 4. Both the learned counsel submit that both the suits are at the pre-trial stage. 5. Hence, learned Civil Judge (Sr. Div.), Basirhat, is directed to try and decide Title Suit no. 130 of 2011 and Title Suit no. 393 of 2023 simultaneously and expeditiously in accordance with law without granting any unnecessary adjournment. 6. With the above observations, the present revisional application being CO 35 of 2024 stands disposed of. 3 7. All parties shall act on the basis of the server copy of this order duly downloaded from the official website of this Court. (Dinesh Kumar Sharma, J.)