Ratan Mandal & Ors vs Dilip Mandal & Ors
2022 Latest Caselaw 6 Cal

Dl.   January 3,
30.     2022
                                    Through Video Conference

                                         S.A.T. 105 of 2020

                                        Ratan Mandal & ors.

                                                  Vs.

                                        Dilip Mandal & ors.

                               Mr. Dinendra Nath Chatterjee,
                               Mr. Madhusudan Mandal,
                                    ...for the appellants.

                               Mr. Pradip Kumar Patra,
                                    ...for the respondents no. 1 to 3.

The learned advocate appearing on behalf of the

appellants has fairly submitted that the subject matter of the suit

could not have been decided by a civil court. Accordingly, he has

prayed for withdrawal of the instant second appeal.

The second appeal is arising out of a decree of

affirmance by the appellate court below in a suit for declaration of

title and recovery of possession. Both the courts below have

retained findings against the plaintiffs/appellants on the basis of the

oral and documentary evidence.

In view of the submissions made on behalf of the

appellants that the remedy of the appellants lies before the West

Bengal Land Reforms and Tenancy Tribunal, we dismiss the appeal

as withdrawn. This order, however, shall not preclude the appellants

from taking steps in accordance with law.

We make it clear that we have not gone into the merits

of the judgments of both the court below in any manner whatsoever.

In view of dismissal of the appeal, nothing remains in

the connected applications and those are disposed of accordingly.

There will be no order as to costs.

( Soumen Sen, J. )

( Ajoy Kumar Mukherjee, J. ) dns