ATANU BASAK Vs. SGHIBA PROSAD MUKHERJEE & ORS

JUDGEMENT

(1.) In this application under Art. 227 of the Constitution of India under challenge is the order impugned dated 7th Sept., 2015 passed by the Ld. 2nd Civil Court (Senior Division) at Alipore in Title Suit No. 6 of 2015 (hereinafter referred to respectively as the Ld. Trial Court and the said suit).

(2.) The opposite party No. 1 (OP1) is the plaintiff in the suit. The present petitioner is the added defendant No. 4 (for short referred to only as D4) in the suit.

(3.) The suit which initially bore the filing No. 63/1988 before the then Ld. 4th Assistant District Judge at Alipore and subsequently renumbered as Title Suit 6 of 2015, is for ejectment of three tenants namely, (i) Sushil Chandra Basak; (ii) Subhas Chandra Basak; and (iii) Suresh Chandra Basak from the suit property comprising the entire roof, 2nd Floor and Ground Floor of 136 Harish Mukherjee Road (hereinafter referred to only as the suit property). By the order impugned dated 7th Sept., 2015 in the present application, the sole question considered by the Ld. Trial Court and, such question is also the central issue in this application, is whether the claim of the present petitioner before the Ld. Trial Court to determine first whether the suit has abated or not and, alternatively the determination arrived at by the Ld. Trial Court that the issue of abatement should be heard along with the hearing of the main suit is a correct proposition of law.