SRI. KAMAL HAZRA Vs. NITISH MAJHI

JUDGEMENT

(1.) The revisional application has been filed by the petitioners-plaintiffs assailing orders dated 29th February, 2016 and 29th March, 2016 passed by learned Civil Judge (Senior Division ), 1st Court , Howrah in Title Suit NO. 16220 of 2014. Let the affidavit of service submitted by Mr. Karar be kept on record.

(2.) Mr. Bhattacharyya representing the opposite party nos. 1 and 2 is also present. Criticising the first impugned order dated 29th February, 2016 submitted that learned trial Court stayed the suit pending before him till disposal of the criminal case No. 184 of 2014, although the suit was at ex parte stage where the opposite parties-defendants had appeared and subsequently had chosen not to appear and not to contest. Mr. Bhattacharyya relying upon observation of the learned trial Court submitted that while learned trial Court on its own chosen to stay further proceedings of the suit till disposal of the criminal case under reference by postponing delivery of judgment and by extending interim injunction until further order, and, when by subsequent order dated 29th March, 2016 his earlier order was not altered with the observation that the Court had become functus officio, the High Court should not interfere with those discretionary orders. The copy of the plaint as submitted by Mr. Karar be kept on record since it is required for future reference. It appears that the Title Suit in question was filed for partition , declaration and permanent injunction, meaning thereby, apart from prayer of partition, there was a prayer for declaration that the Deed of Sale said to have been executed and registered by one Rana Hazra on 27,.5.2013 being deed No 5042 for the year 2013 in favour of opposite party no. 1 i.e. defendant no. 1 Nitish Majhi is null and void and thereby not binding upon the petitioners.

(3.) Admittedly, a written complaint lodged by the petitioner no. 2 Uma Hazra against both the opposite parties under the order of learned Chief Judicial Magistrate , Howrah was forwarded to the Domjur P.S., District-Howrah within the ambit of Section 156(3) of Cr P C and a criminal case accordingly was registered at Domjur P.S. for the offences under Sections 418/420/406/506/464/468 of Indian Penal Code. Let a copy of the said FIR supplied by Mr. Karar be also kept on record. Upon instruction Mr. Karar has apprised the Court that charge sheet has been submitted on completion of investigation and the trial is yet to commence. By the first impugned order dated 29th February, 2016 , it appears that learned trial Court had chosen to postpone 'delivery of judgment' and stay the suit till disposal of the criminal case with the following observation which is set out herein: