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2026 DAILYLAW 27890 (CAL)

SUSANTA GHOSH AND ORS. v. MAHASWETA DAS

CO/2089/2026 · 2026-07-09

Hiranmay Bhattacharyya

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Item- 31. sg 09-07-2026 Ct. 6 CO 2089 of 2026 Susanta Ghosh & Ors. Versus Mahasweta Das [ Mr. Animesh Paul …for the petitioners Mr. Souvik Das …for the opposite party This application under Article 227 of the Constitution of India is at the instance of the defendant and is directed against the order dated 11th June, 2026 passed by the learned Civil Judge (Junior Division), 3rd Court at Howrah in Title Suit no. 1228 of 2019. The petitioner filed a suit being Title Suit No. 1076 of 2019 before the learned Civil Judge (Junior Division), 3rd Court at Howrah, praying for declaration of tenancy and for permanent injunction. The opposite party filed the Title Suit no. 1228 of 2019 before the learned Civil Judge (Junior Division), 3rd Court at Howrah praying for eviction of the petitioner from the suit property. The petitioner filed an application under Section 151 of the Code of Civil Procedure praying for stay of all further proceedings of Title Suit 1228 of 2019 till the disposal of the Title Suit No. 1076 of 2019. The application under Section 151 of the Code of Civil Procedure stood rejected by the order impugned. The suit for eviction being Title Suit No. 1228 of 2019 is dependent on the fate of the Title Suit no. 1076 of 2019. He, therefore, submits that until and unless the Title Suit No. 1076 of 2019 is disposed of, the Title Suit No. 1228 of 2019, which is a subsequent suit, cannot be allowed to proceed. Heard the learned Advocate for the opposite parties. From the order-sheet, it appears that the Title Suit 1228 of 2019 is at the stage of cross-examination of PW-1. The defence case of the petitioner in Title Suit No. 1228 of 2019 is the plaint case made by the petitioner in Title Suit No. 1076 of 2019. The suit for eviction has proceeded to the stage of evidence. The issues in the suit for declaration of the tenancy right are yet to be framed. The learned Trial Judge was right in rejecting the application for stay of the eviction suit during the pendency of the suit for declaration and tenancy right. This Court is of the view that the petitioner shall not be in any way prejudiced by the impugned order as the petitioner will get an opportunity to prove the case in the suit for eviction. With the above observation, this civil revisional application stands disposed of. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of all requite formalities. (Hiranmay Bhattacharyya, J.) 2