Calcutta High Court (Appellete Side)
Smt. Sandhya Rani Samanta & Anr vs Sri Basudev Mula & Ors on 26 November, 2019
Author: Shampa Sarkar
Bench: Shampa Sarkar
1 S/L 52 26.11.2019Ct. No. 19
GB C.O. 3952 of 2019 Smt. Sandhya Rani Samanta & Anr.
Vs. Sri Basudev Mula & Ors.
Mr. Amit Kumar Ghosh.
... for Petitioners.
This is an application filed by the defendant nos.1(Kha) and 1(Ga) in a suit for declaration of the suit property being a debutter property.
It appears that the plaintiff in the said suit and the defendant nos.1(Kha) and 1(Ga) filed a solenama. Defendant nos.1 (Gha) and 1(Una) filed a written objection to the said solenama and resisted the acceptance of the said solenama on the ground that the defendant nos. 1(Kha) and 1(Ga), the petitioners herein had already transferred the property to 1(Gha) and 1(Una) and they did not have any authority to enter into a compromise with the plaintiffs. Thus, the Court upon consideration of the contentions came to a conclusion that unless all the parties to the proceeding jointly filed the solenama, the compromise cannot be effected. Therefore the solenama dated July 29, 2015 was rejected.
I do not find any illegality or irregularity in the order dated September 3, 2019 passed by the learned Civil Judge (Junior Division), Additional Court at Tamluk, Purba Medinipur.
The revisional application is, thus, dismissed. There will be no order as to costs.
Urgent photostat certified copy of this order, if applied for be given to the parties on priority basis.
(Shampa Sarkar, J.)