Calcutta High Court (Appellete Side)
Hyder Khan Alias Hyder Ali Khan vs Jamal Ali Khan & Ors on 14 March, 2017
Author: Ashis Kumar Chakraborty
Bench: Ashis Kumar Chakraborty
1 (14) 14.03.2017
(p.j.) IN THE HIGH COURT AT CALCUTTA CIVIL REVISIONAL JURISDICTION APPELLATE SIDE CO No. 4691 of 2016 Hyder Khan alias Hyder Ali Khan
-versus-
Jamal Ali Khan & ors.
Mr. Hiranmoy Bhattacharya Mr. Koushik Roy Mr. Tanmoy Mukherjee ... for the petitioner Mr. Fazlul Haque Mr. A.R. Mallick ... for the O.P. Nos. 1 to 8 In this application under Section 24 of the Code of Civil Procedure, 1908 the petitioner as the appellant in Title Appeal No. 54 of 2016 pending before the learned District Judge at Paschim Medinipur has prayed for transfer of the said appeal to this Court.
The ground urged by the petitioner in this application is that there were two suits between the same parties in respect of the same suit property. The first suit being Title Suit No. 42 of 2005 was filed before the learned Civil Judge (Senior Division) at Ghatal, Paschim Medinipur and the second suit being Title Suit No. 11 of 2016 was filed before the learned Civil Judge (Junior Division) at Ghatal, Paschim Medinipur. The Title Suit No. 11 of 2016 was transferred to the Court of the learned Civil Judge (Senior Division), Ghatal, Paschim Medinipur and by a common judgment the learned Civil Judge (Senior Division), Ghatal, Paschim Medinipur passed two separate decrees in the said two suits. The decree passed by the learned Civil Judge (Senior Division) at Ghatal, Paschim Medinipur in Title Suit No. 42 of 2005 has been challenged by the 2 petitioner by filing a first appeal being FAT No. 353 of 2016, before this Court. However, the appeal as against the decree passed by the learned Civil Judge (Senior Division) at Ghatal, Paschim Medinipur in Title Suit No. 11 of 2016 had to be filed before the learned District Judge, Paschim Medinipur and the same is numbered as Title Appeal No. 54 of 2016.
According to Mr. Bhattacharya, learned advocate appearing for the petitioner in this application since the suit property involved in both the appeals, being FAT 353 of 2016 pending before this Court and the Title Appeal No. 54 of 2016 pending before the learned District Judge at Paschim Medinipur is same and the decision of both the appeals would depend upon the correctness of the common judgment passed by the learned Civil Judge (Senior Division) at Ghatal, Paschim Medinipur in Title Suit No. 42 of 2005 and Title Suit No. 11 of 2006, it is expedient that the Title Appeal No. 54 of 2016 pending before the learned District Judge at Paschim Medinipur be also transferred to this Court.
The above submission on behalf of the petitioner was not disputed by Mr. Fazlul Haque, learned counsel appearing for the opposite party nos. 1 to 8, the contesting opposite parties.
Having considered the submissions made on behalf of the respective parties, I find that the prayer of the petitioner in this application is justified. Accordingly, Title Appeal No. 54 of 2016 (Hyder Khan alias Hyder Ali Khan vs. Jamal Ali Kha & ors.) is withdrawn from the Court of the learned District Judge, Paschim Medinipur and the same is transferred to this Court.
It was submitted that the petitioner is ready to deposit the special messenger's cost before the learned Court below. The petitioner shall deposit the special messenger cost within March 22, 2017 before the Court of learned District Judge, Paschim Medinipur. If the petitioner deposits the special messenger's cost, the learned District Judge, Paschim Medinipur shall forthwith transmit all 3 the records of the Title Appeal No. 54 of 2016 (Hyder Khan alias Hyder Ali Khan vs. Jamal Ali Kha & ors.) to this Court.
With the above directions, CO 4691 of 2016 stands disposed of. However, there shall be no order as to costs.
Certified website copies of the order, if applied for, be urgently made available to the parties, subject to compliance with all requisite formalities.
(Ashis Kumar Chakraborty, J.)