Allowed

Laxmi Devi Shaw & Ors. v. Bhupinder Roy & Anr.

Calcutta HC17 Nov 2022CO/706/2020

Case brief

AI extract

What is this about?

On an application for transfer under Section 24 CPC, the single judge allowed the transfer of a long-pending title suit from Bidhannagar court to Sealdah court. The court found it a fit case due to the property's location within South 24 Parganas jurisdiction and the inconvenience to parties, directing transmission of the record through the respective District Judges.

What did the court decide?

The petition praying for transfer of the pending suit to Sealdah court was allowed, with directions for transmission of the cause sheet through District Judges.

Laxmi Devi Shaw & Ors. Vs Bhupinder Roy & Anr. — Execution and Attachment | Calcutta HC (2022)

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17.11.2022 124 Ct. no. 652 sb

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C.O. 706 of 2020

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Laxmi Devi Shaw & Ors. Vs. Bhupinder Roy & Anr.

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Mr. Chandradoy Roy …for the petitioner

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Affidavit of service filed by the petitioner, is taken on record.

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This is an application under Section 24 of the Code of Civil Procedure seeking transfer of the Title Suit no. 387 of 1983 presently pending before the court of learned Civil Judge, Junior Division, Bidhannagar to any court of learned Civil Judge, Junior Division, Sealdah.

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The petitioner contended that the petitioner initiated the present suit for eviction against the opposite party on the ground of default, reasonable requirement, causing damages of the suit property, mesne profit etc. being Title Suit no. 387 of 1983 and it was pending before the learned Civil Judge, Junior Division, 3^rd court, Sealdah, south 24 parganas. In the said suit plaintiff’s witnesses have already been examined and the evidence on behalf of the defendant’s witness has started.

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In the meantime, vide Judicial Department, Govt. of West Bengal notification dated 29.11.2018 a new court at Bidhannagar has been established and all the

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cases that were pending before the learned Civil Judge, Junior Division, 3^rd court, Sealdah, south 24 parganas, including the present one was transferred to the court at Bidhannagar. It is submitted that Bidhannagar court has no territorial jurisdiction to try the said suit, since the suit property situates within the Police station Entally, which is within the jurisdiction of learned District Judge, South 24 parganas. He submits that the opposite party is his next door neighbour and if the present prayer for transfer is allowed neither party will have a cause to prejudice. Furthermore, the Hon’ble court has ordered expeditious disposal of the suit twice on earlier occasion and if the aforesaid prayer be not allowed, the suit will get further delayed and may be disposed of by a court which has got no territorial jurisdiction to try the same. Accordingly, the petitioner has prayed for aforesaid transfer.

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Having considered the facts and circumstances of the case and the submissions made by the petitioner that the property in question as described in the schedule to the plaint, situates within the jurisdictioin of Judgship of South 24 parganas and that as submitted by the petitioner that both the party’s present residence is close to the courts at Sealdah and that the case is pending since long and has attained its finality, I find that this is a fit case where the prayer for transfer as made by the petitioner, is allowed.

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Learned District Judge, North 24 Parganas, Barasat is directed to withdraw the Title suit no. 387 of 1983 pending before the court of court of learned Civil Judge, Junior Division, Bidhannagar and to transmit the same to the court of learned District Judge, South 24 parganas at Alipore within a period of three weeks from the date of communication of the order and learned District Judge, South 24 parganas in turn will transfer the same to the court of learned Civil Judge (Junior Division), Sealdah having territorial jurisdiction to try the same within two weeks thereafter.

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The transferee court shall issue fresh notice upon both the parties intimating next date of hearing before proceeding further with the present suit. The transferee court is also requested to dispose of the suit as expeditiously as possible preferably within a period of eight months from the receipt of record as the suit is pending since 1983.

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The department is directed to send a copy of the order to the learned District Judge, South 24 Parganas, Alipore and Learned District Judge, North 24 Parganas, Barasat.

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Accordingly, C.O. 706 of 2020 is disposed of.

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Urgent photostat certified copy of this order, duly applied for, be given to the parties upon compliance of all requisite formalities.

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(Ajoy Kumar Mukherjee, J.)

Laxmi Devi Shaw & Ors. v. Bhupinder Roy & Anr.

Case brief

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What did the court decide?

Laxmi Devi Shaw & Ors. v. Bhupinder Roy & Anr.

Case brief

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