Mrs. Billy Mehra vs Sri Ramesh Chandra Thakkar & Ors
2024 Latest Caselaw 4429 Cal

Calcutta High Court (Appellete Side)

Mrs. Billy Mehra vs Sri Ramesh Chandra Thakkar & Ors on 30 September, 2024

Author: Biswajit Basu

Bench: Biswajit Basu

30.09.2024 (D/L-24) Ct.-19 (Susanta)

IN THE HIGH COURT AT CALCUTTA CIVIL REVISIONAL JURISDICTION

C.O. 3601 of 2023

Mrs. Billy Mehra

-Vs-

Sri Ramesh Chandra Thakkar & Ors.

Mr. Suddhastava Banerjee, Ms. Arpita Saha, Ms. Rituparna Chatterjee, Mr. Dhruva Bahety, .... For the Petitioner.

Affidavit-of-service filed on behalf of the petitioner be

kept with the record.

Despite repeated service including paper publication,

none appears on behalf of the opposite parties.

The instant revisional application is arising out of a suit

for eviction of a trespasser being Title Suit No. 65 of 2016

pending before the 2nd Court of learned Civil Judge (Senior

Division), Alipore, District- 24 Pargans(South).

The plaintiff, the petitioner herein, had assailed the order

dated May 18, 2022 dismissing her application under Order

XII Rule 6 of the Code of Civil Procedure in C.O 1814 of

2022.

The Co-ordinate Bench of this Court, vide order dated

August 22, 2023 had allowed the said revisional application

thereby, had set aside the said order dated May 18, 2022 with

following direction:-

"The learned court below is directed to pass a judgment on admission in terms of prayer „b‟ of the plaint and adjudicate the other prayers with regard to mense profits, costs etc."

Unfortunately, the learned Trial Judge, seemingly has

failed to appreciate the scope of the said direction and by the

order impugned dated September 15, 2023, has fixed a further

date to decide the issue regarding maintainability of the said

suit on the ground of limitation as raised by the defendants.

In view of the direction dated August 22, 2023, there is

no scope for the learned Trial Judge to go into the issue

regarding maintainability of the suit.

The order impugned, therefore is set aside.

The learned Trial Judge is directed to comply the

aforementioned direction.

Let the matter appear in the Supplementary List on

December 04, 2024.

The learned Registrar (Judicial), High Court, Calcutta

shall communicate this order to the learned Trial Judge

immediately.

Parties to act on the server copy of this order duly

downloaded from the official website of this Court.

Urgent Photostat certified copy of this order, if applied

for, be supplied to the parties subject to compliance with all

requisite formalities.

(Biswajit Basu, J.)