BUDDHADEB GHOSH Vs. TARAPADA KARMAKAR & ORS

JUDGEMENT

(1.) The revisional application under Article 227 of the Constitution of India has been filed by one of the defendants in a title suit (T.S. No.68 of 1993) being defendant no.1(chha)-petitioner (who will be called on hereinafter as the petitioner) assailing an order dated July 28, 2015 passed by learned Additional District Judge, Fast Track Court-I, Basirhat, North 24-Parganas in Title Appeal No.16 of 2007.

(2.) Heard Mr Halder representing the petitioner and Mr Mitra assisted by Ms Mallick representing the opposite parties-plaintiffs (hereinafter called on as the opposite parties).

(3.) Upon hearing, the court is apprised of the facts as follows. The opposite parties filed Title Suit No.68 of 1993 before the court of learned Second Munsif, Basirhat in the year 1993 - now designated as the Civil Judge (Jr. Division). Said suit was for declaration and permanent injunction where the opposite parties had sought for declaration of their title in the suit property through possession of defendant no.3 who happened to be the bargadar under them so that the principal defendant be restrained permanently and the possession of the opposite parties through defendant no.3 (Sanat Karmakar, since deceased), as sought for, may not be disturbed. After adjudication, the said suit suffered judgment of dismissal. Being aggrieved, the opposite parties preferred Title Appeal No.16 of 2007 which is now pending before learned appellate court. During pendency of the appeal the opposite parties filed an application under Order 41 Rules 25 and 27 read with section 151 of the Code of Civil Procedure praying before learned first appellate court to allow the said application and to send back the case on remand for reference under section 21(3) of the West Bengal Land Reforms Act, 1955. Against said application the petitioner submitted a written objection.