E.D. ENTERPRISES PRIVATE LIMITED Vs. KAISER BEGUM

JUDGEMENT

(1.) The Court: The petitioner seeks issuance of a Rule calling upon the respondents to show cause as to why an order should not be passed removing Title Suit No. 571 of 2020 pending before the City Civil Court at Calcutta and transfer the same to this Court in its Extraordinary Original Civil Jurisdiction for trial and determination.

(2.) The other proceedings filed by the parties herein in their respective suits include an application for temporary injunction filed by the respondents in their suit before the City Civil Court wherein the petitioner was restrained from disturbing the peaceful possession of the respondent in the suit property. In the present suit, the petitioner has filed for judgment on admissions and for an injunction restraining the respondents from creating third party rights in the suit property wherein an interim injunction was passed on 19th November, 2020 against the respondents from creating third party rights in the demarcated area of the suit property. The respondent no.1 thereafter filed an application for rejection of the plaint under Order VII Rule 11 of The Code of Civil Procedure which was disposed of by an order dated 7th April, 2021, returning the plaint for presentation before the Commercial Division and for treating C.S. No. 136 of 2020 as disposed of.

(3.) The petitioner thereafter instituted C.S. No. 105 of 2021 before the Commercial Division of this Court praying for a decree for vacant, khas and peaceful possession of the suit premises and other consequential reliefs.