Abdul Sattar Mondal vs Jane Alam Gazi & Ors
2023 Latest Caselaw 4435 Cal

21.07.2023 Sl. No.9(DL) srm C.O. No. 1569 of 2023

Abdul Sattar Mondal

Versus

Jane Alam Gazi & Ors.

Ms. Soma Kanjilal ....for the Petitioner.

Mr. N.I. Khan, Mr. Amlan Kumar Mukherjee ...for the Opposite Parties.

The prayers in the revisional application have

become infructuous in view of the subsequent

dispossession of the petitioner from the suit property. The

Court finds the prayer of the learned Advocate for the

petitioner to be rather surprising.

It is submitted the certified copy of the judgment

and final decree passed in Title Suit No.61 of 1992 has not

yet been supplied to the petitioner. As a result of which,

the petitioner is unable to prefer an appeal.

The revisional application is disposed. The learned

Civil Judge (Senior Division), Baruipur, South 24-Parganas,

shall ensure that certified copy of the judgment and final

decree passed in Title Suit No.61 of 1992 is supplied to the

petitioner and/or the learned Advocate for the petitioner,

within a period of two weeks from the date of

communication of this order.

The other prayers with regard to the user of the

property by the persons who have taken possession upon

execution of the final decree cannot be passed in this

proceeding.

The petitioner is at liberty to approach the

appropriate forum, in accordance with law and make

similar prayers.

There shall be no order as to costs.

Parties are to act on the basis of the server copy of

this order.

(Shampa Sarkar, J.)