Calcutta High Court (Appellete Side)
(Ad 30) vs Abdul Jalal Mir & Ors on 29 August, 2025
Author: Hiranmay Bhattacharyya
Bench: Hiranmay Bhattacharyya
Court No. 6 CO 1949 of 2025 (265719) 29.08.2025
Ismail Saha (AD 30) Vs. Abdul Jalal Mir & Ors.
(S. Banerjee) CAN 1 of 2025 CAN 2 of 2025 CAN 3 of 2025 CAN 4 of 2025 CAN 5 of 2025 CAN 6 of 2025 CAN 7 of 2025 CAN 8 of 2025 CAN 9 of 2025 CAN 10 of 2025 CAN 11 of 2025 Mr. Uttam Kumar Bhattacharya Mr. Kaustav Mishra ... for the petitioner Mr. Rabindranath Mahata Sk. Samim Akhtar Mr. Aritra Shankar Ray ... for the opposite parties Re: CAN 1 of 2025 This is an application for condonation of delay in filing the civil revision application.
After hearing the learned advocates for the respective parties, the delay in filing the civil revision application stands condoned.
CAN 1 of 2025 stands allowed.
2Re: CAN 2 of 2025 and CAN 7 of 2025 CAN 2 of 2025 is an application for substitution after setting aside abatement upon the death of the opposite party no. 23 and CAN 7 of 2025 is an application for condonation of delay in filing the same.
After hearing the learned advocates for the respective parties and considering the averments made in the said applications it appears that the petitioner was prevented by sufficient cause for not preferring the application for setting aside the abatement within the stipulated period of limitation. The delay in filing the said application is condoned.
Accordingly, CAN 7 of 2025 stands allowed. Upon the death of opposite party no. 23 right to proceed with the civil revision application against the heirs of the opposite party no. 23 survives. Petitioner has satisfactorily explained the delay in filing the substitution application.
The heirs and heiresses of the deceased opposite party no. 23 be substituted instead and in place of the said deceased opposite party no. 23 after setting aside abatement.
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CAN 2 of 2025 stands allowed.
Department is directed to carry out the necessary amendments in the cause-title of the civil revision application within two weeks from date.
Re: CAN 3 of 2025 and CAN 10 of 2025 CAN 3 of 2025 is an application for substitution after setting aside abatement upon the death of the opposite party no. 10 and CAN 10 of 2025 is an application for condonation of delay in filing the same.
After hearing the learned advocates for the respective parties and considering the averments made in the said applications it appears that the petitioner was prevented by sufficient cause in not preferring the application for substitution after setting aside abatement within the stipulated period of limitation.
In view thereof, the delay in filing the application for substitution after setting aside abatement is condoned.
Accordingly, CAN 10 of 2025 stands allowed. Upon the death of opposite party no. 10 the right to proceed against the heirs of the opposite 4 party no. 10 survives. The reasons for not filing the application for substitution within time is acceptable.
The heirs and heiresses of the deceased opposite party no. 10 as mentioned in paragraph 12 of the application, be substituted instead and in place of the said deceased opposite party no. 10 after setting aside abatement.
In view thereof, CAN 3 of 2025 stands allowed. Department is directed to carry out the necessary amendments in the cause-title of the civil revision application within two weeks from date.
Re: CAN 4 of 2025 and CAN 8 of 2025 CAN 4 of 2025 is an application for substitution after setting aside abatement upon the death of the opposite party no. 19 and CAN 8 of 2025 is an application for condonation of delay in filing the same.
After hearing the learned advocates for the respective parties and considering the averments made in the said applications it appears that the petitioner was prevented by sufficient cause for not preferring the application for substitution after setting 5 aside abatement within the stipulated period of limitation.
In view thereof, the delay in filing the application for substitution after setting aside abatement is condoned.
Accordingly, CAN 8 of 2025 stands allowed. Upon the death of opposite party no. 19 the right to proceed against the heirs of the opposite party no. 19 survives. The reasons for not filing the application for substitution is acceptable.
The heirs and heiresses of the deceased opposite party no. 19 as mentioned in paragraph 12 of the application, be substituted instead and in place of the said deceased opposite party no. 19 after setting aside abatement.
In view thereof, CAN 4 of 2025 stands allowed. Department is directed to carry out the necessary amendments in the cause-title of the civil revision application within two weeks from date.
Re: CAN 5 of 2025 and CAN 9 of 2025 CAN 5 of 2025 is an application for substitution after setting aside abatement upon the death of the opposite party no. 18 and CAN 9 of 2025 is an 6 application for condonation of delay in filing the same.
After hearing the learned advocates for the respective parties and considering the averments made in the said applications it appears that the petitioner was prevented by sufficient cause in not preferring the application for substitution after setting aside abatement within the stipulated period of limitation.
In view thereof, the delay in filing the application for substitution is condoned.
Accordingly, CAN 9 of 2025 stands allowed. Upon the death of opposite party no. 18 the right to proceed against the heirs of the opposite party no. 19 survives. The reasons for not filing the substitution application within time is acceptable.
The heirs and heiresses of the deceased opposite party no. 18 as mentioned in paragraph 12 of the application, be substituted instead and in place of the said deceased opposite party no. 18 after setting aside abatement.
In view thereof, CAN 5 of 2025 stands allowed. 7 Department is directed to carry out the necessary amendments in the cause-title of the civil revision application within two weeks from date.
Re: CAN 6 of 2025 This is an application upon the death of the opposite party no. 3.
The application for substitution is within time. After hearing the learned advocates for the respective parties this court finds that the right to proceed against the heirs of the opposite party no. 3 survives.
Accordingly, the heirs of the deceased opposite party no. 3, as mentioned in paragraph 10 of the application, be substituted in place and stead of the deceased opposite party no. 3.
Accordingly, CAN 6 of 2025 stands allowed. Department is directed to carry out the necessary amendments in the cause-title of the civil revision application within two weeks from date.
Re: CAN 11 of 2025 The learned advocate appearing for the petitioner prays for extension of interim order. 8
The prayer for extension of interim order is vehemently opposed by Mr. Mahata, learned advocate appearing for the opposite parties.
After hearing the learned advocates for the respective parties this court finds that the question that arises for consideration is whether the decree holder can pray for recovery of possession after having obtained a decree for permanent injunction.
In view thereof, this court is inclined to extend the interim order.
There shall be an order of stay of all further proceedings in Title Execution Case No. 44 of 2014 pending before the learned Civil Judge (Jr. Division), 1st Court, Paschim Medinipur till the end of the month of December, 2025 or until further orders whichever is earlier.
The application being CAN 11 of 2025 stands disposed of.
Re: CO 1949 of 2025 List this matter under the heading 'Motion' in the Monthly List of December, 2025.
(Hiranmay Bhattacharyya, J.)