BASANTA MEHTA Vs. MITALI LAW & ORS.

JUDGEMENT

(1.) The instant revisional application as filed under Article 227 of the Constitution of India arises out of the order dated November 26, 2021 as passed by Learned Additional District Judge,11th Court at Alipore, District- South 24 Pargana in Miscellaneous Case No. 648 of 2017 as filed under Sec. 114 read with Order 47 Rule-1 of the Code of Civil Procedure praying for a review of the judgement and decree as passed by Learned Additional District Judge, 1st Court, Alipore, District South 24 Pargana. By the impugned judgement Learned Reviewing Court dismissed the said Misc. case. The petitioner of the said Misc. case felt aggrieved and thus preferred instant revisional application.

(2.) For effective disposal of the instant revisional application, the facts leading to filing of Misc. case Nos. 648 of 2017 are required to be discussed in a nutshell.

(3.) The opposite parties/plaintiffs filed Title Suit No. 395 of 1982(subsequently renumbered as Title Suit No. 148 of 1993) as against the present revisionists/defendants/judgement debtors in the Court of Learned Civil Judge (Jr. Division), 3rd Court, at Alipore subsequently transferred to the Court of Learned Civil Judge (Jr. Division), 1st Additional Court, at Alipore praying for eviction of the present revisionists/defendants from the suit property, for recovery of possession, for permanent injunction and for other ancillary reliefs. By a judgement and decree dtd. 29/06/2006 the said Title Suit was dismissed on contest. Challenging the said judgement and decree of the trial court, the opposite parties/plaintiffs herein filed Title Appeal No. 241 of 2006. The said Title Appeal was however allowed on contest by the first appellate court reversing the judgement and decree of dismissal as passed by the learned trial court.