Court No. 6 (265719) 09.07.2026 (AD 14) (S. Banerjee) CO 2078 of 2026 Khokan Sekh & Ors. Vs. Md. Faruk Hossain Sekh & Ors. Mr. Mrinal Kanti Ghosh …for the petitioners This application under Article 227 of the Constitution of India is at the instance of the defendant and is directed against an order being no. 63 dated June 2, 2026 passed by the learned Civil Judge (Jr. Division), Additional Court at Krishnagar in Title Suit No. 280 of 2020. By the order impugned, the application filed by the petitioners challenging the maintainability of the instant suit, was rejected. Mr. Ghosh, learned advocate appearing for the petitioner submits that the jurisdiction of the civil court is barred under Section 12 of the West Bengal Acquisition of Homestead Land for agricultural Labourers, Artisans and Fishermen Act, 1975. He, therefore, submits that the learned trial judge ought to have held that the instant suit is not maintainable. It is not in dispute that the petitioners filed an earlier application challenging the maintainability of the suit on more or less identical ground. Such application stood rejected by the order dated January 2 10, 2023. Challenging the said order the petitioners filed a civil revision application being CO 1197 of 2023. Record reveals that after some argument, the learned counsel representing the petitioners before the coordinate Bench, sought permission to withdraw the said petition with liberty to raise all contentions before the learned trial judge. The coordinate Bench by an order dated July 22, 2025 disposed of the civil revision application by observing that the revisional court has not gone into the merits of the case and no expression made therein shall tantamount to an expression on the merits of the case. Mr. Ghosh would contend that since the issues raised in the civil revision application was not decided in the earlier round of litigation, the petitioners were well within their right to file fresh application challenging the maintainability of the suit. This Court is not inclined to accept such submission of Mr. Ghosh as from a recording in paragraph 1 of the order dated July 22, 2026 passed in CO 1197 of 2023, it is evident, the petitioner sought liberty to raise all contentions before the learned trial Court meaning thereby at the time of final hearing of the suit. 3 Learned trial judge has rightly refused to entertain a fresh application challenging the maintainability on the ground that the petitioners withdrew the earlier civil revision application. The order impugned do not suffer any infirmity warranting interference under Article 227 of the Constitution of India. Accordingly, CO 2078 of 2026 stands disposed of. (Hiranmay Bhattacharyya, J.)