LAWS(CAL)-2024-9-7

MANINDRA NATH BHUNIA Vs. SUNIL KAR

Decided On September 11, 2024
Manindra Nath Bhunia Appellant
V/S
Sunil Kar Respondents

JUDGEMENT

(1.) The present appeal has been preferred by the respective parties against the Judgment and Decree dtd. 7/12/2010 and 9/12/2010 respectively passed by Learned Civil Judge (Senior Division), 1st Court, Contai, Purba Medinipur in Title Appeal No. 28 of 2009 (heard analogously with Title Appeal No. 29 of 2009) thereby reversing the Judgment and Decree dtd. 22/7/2009 and 27/7/2009 respectively passed by Learned Civil Judge (Junior Division), 2nd Court, Contai, Purba Medinipur in Title Suit No. 237 of 2000 (heard analogously with Title Suit No. 245 of 2000) and sending back the case on remand.

(2.) The trial court being the court of learned Civil Judge (Junior Division), 2nd Court, Contai, Purba Medinipur in Title Suit 237 of 2000 (heard analogously with Title Suit No. 245 of 2000), decreed T.S. 237 of 2000, declaring the title of the plaintiff therein in the 'Ka' schedule property and dismissed T.S. 245 of 2000, on holding that the Plaintiffs therein had no right/title in the said property.

(3.) On two appeals being preferred by the parties being T.A. 28/2009 and T.A. 29/2009, the Court of first appeal, considering an application under Order 41 Rule 27 of CPC filed by the plaintiff whose suit stood dismissed, held as follows :-