Calcutta High Court
Dulari Begum vs Khalique Ansari & Anr on 26 September, 2019
Author: Soumen Sen
Bench: Soumen Sen, Saugata Bhattacharyya
GA No.2164 of 2019
APOT No.106 of 2019
IN THE HIGH COURT AT CALCUTTA
Civil Appellate Jurisdiction
ORIGINAL SIDE
DULARI BEGUM
-Versus-
KHALIQUE ANSARI & ANR.
BEFORE:
The Hon'ble JUSTICE SOUMEN SEN
The Hon'ble JUSTICE SAUGATA BHATTACHARYYA
Date : 26th September, 2019.
Appearance:
Mr Ranjit Kumar Roy, Adv.
...for the appellant.
Mr. Subhamoy Dewanji, Adv.
...for the respondent.
The Court : We are prima facie satisfied that the case made out in the plaint may not attract a bar under Section 8(3) read with Section 21 of the West Bengal Thika Tenancy (Acquisition and Regulation) Act, 2001. As such, the appeal needs to be heard on merits.
In view of the impugned order, the injunction granted in favour of the appellant was vacated. Although the order of injunction was passed by one of us (Soumen Sen, J.) on 7th January, 2019, but the learned Counsel for the parties have submitted that they have no objection in the event the appeal is heard by the present Bench as the said order may not have any bearing at all in deciding the merits of the impugned order. The impugned order was passed in connection with an application filed by the defendants 2 under Order VII Rule 11 of the Code of Civil Procedure for rejection of the eviction suit filed by the plaintiff. However, the views expressed by us are only prima facie subject to hearing the parties on merits.
The appellant shall file informal paper book, incorporating all the documents relied upon before the Trial Court, with proper index on or before 31st October, 2019. A copy of the paper book shall be served upon Mr. Subhamay Dewanji, Advocate by 4th November, 2019.
This appeal shall appear under the heading 'short appeal' on 11th November, 2019.
Till the disposal of the appeal, the order of injunction passed on 7th January, 2019 shall continue.
A copy of the stay application has been handed over to the learned advocate representing the respondent in Court today. Mr. Subhamay Dewanji, Advocate waives service of notice of appeal on behalf of the respondent.
The stay application being GA No.2164 of 2019 accordingly stands disposed of.
(SOUMEN SEN, J.) (SAUGATA BHATTACHARYYA, J.) A/s.