Usha Pasari vs Satyanarayan Pasari & Ors
2024 Latest Caselaw 1583 Cal/2

Calcutta High Court

Usha Pasari vs Satyanarayan Pasari & Ors on 1 May, 2024

Author: I. P. Mukerji

Bench: I. P. Mukerji

                        APO No. 17 of 2024
                               with
                        CS No. 265 of 1997
                IN THE HIGH COURT AT CALCUTTA
                         In appeal from its
              ORDINARY ORIGINAL CIVIL JURISDICTION
                 CIVIL APPELLATE JURISDICTION



                               Usha Pasari
                                 Versus
                        Satyanarayan Pasari & Ors.



Before:
The Hon'ble Justice I. P. MUKERJI
            And
The Hon'ble Justice BISWAROOP CHOWDHURY
Date: 1st May 2024

                                                                   Appearance:
                                                Mr. Reetobroto Mitra, Advocate
                                                              for the appellant
                                        Mr. Suddhasatva Banerjee, Advocate
                                             Mr. Chunky Agarwal, Advocate
                                           Ms. Sanchali Bhowmik, Advocate
                                                         for the respondent

The Court: This is an appeal by the third defendant to set aside

a judgment and order dated 1st February 2023 dismissing her

application to set aside an ex parte judgment and decree dated 31st

March 2014 passed in the above suit.

In this suit, the respondent Satyanarayan Pasari as plaintiff

has claimed exclusive possession of the ground floor of premises no. 4,

Clyde Row, Kolkata - 700022.

The suit was decreed ex parte in favour of the

respondent/plaintiff.

The application of the appellant/defendant no.3 was dismissed

inter alia on the ground of inordinate delay.

The appellant is the sister of the other parties. Her case is that

the writ of summons was not served upon her whereas it is alleged by

others that she had complete knowledge of the proceedings and had

participated in the interlocutory proceedings.

She says that she has been forcefully dispossessed from the

ground floor of the said premises by the respondent/plaintiff.

In 2022 the defendant no.3 instituted a suit in this court (CS

258/2022) against her brothers in relation to other properties and also

in relation to body corporates claiming right, title and interest, partition

and so on.

After having heard the appeal for some time we feel that here

members of a family are involved. The appellant is a lady and sister of

the respondents. The family owns immovable properties and has

interest in body corporates.

We are hopeful that this matter can be settled out of court

through the intervention of learned advocates for the parties.

We request advocate-on-record for the appellant under the

guidance of Mr. Reetobroto Mitra, learned advocate appearing for the

appellant and advocate-on-record for the appearing respondents under

the guidance of Mr. Suddhasatva Banerjee, learned advocate to make

an attempt to forge a settlement between the parties so that in lieu of

being granted right to possession of a designated area of an immovable

property and some monetary compensation the appellant may

relinquish her alleged right in this proceedings and also those in the

suit (CS 258/2022).

To effect this exercise we simply adjourn this appeal till 21st

May 2024 when it should appear as "For Orders" immediately after the

"To Be Mentioned" matters.

(I. P. MUKERJI, J.)

(BISWAROOP CHOWDHURY, J.)

R. Bose