Allowed¶14

Anuradha Mitra v. Anusuya Banerjee and Ors.

Calcutta HC18 Aug 2025CO/3883/2024

Case brief

AI extract

What is this about?

Section 24 CPC transfer application; Title Suit No. 246 of 2016; Barasat to Alipore; partition suits T.S. No. 2013 of 2015 and T.S. No. 2438 of 2016; joint property; conflict of judicial opinion; balance of convenience; Opposite Party No.1 no objection; Dr. Ajoy Kumar Mukherjee, J.; decided 18.08.2025; CO 3883 of 2024; Anuradha Mitra v. Anusuya Banerjee & Ors.

What did the court decide?

Transfer of Title Suit No. 246 of 2016 from the learned Civil Judge (Senior Division), 2nd Court, Barasat to the court of the learned Civil Judge (Senior Division), 4th Court, Alipore granted by allowing CO 3883 of 2024; District Judge, Barasat to withdraw and transmit the suit within three weeks of communication of the order; transferee court to continue from the stage reached after intimating the next hearing date to both parties. ¶14

Anuradha Mitra Vs Anusuya Banerjee and Ors. — Calcutta HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether Title Suit No. 246 of 2016, pending before the learned Civil Judge (Senior Division), 2nd Court, Barasat, should be transferred under Section 24 of the Code of Civil Procedure to the court of the learned Civil Judge (Senior Division), 4th Court, Alipore, where the parties' two partition suits are pending. +1 more

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Court's answer

On the above view, the transfer application is allowed: CO 3883 of 2024 is allowed.

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Ratio / Principle

Having considered the balance of convenience or inconvenience to the petitioner, the opposite party and the witnesses, and the convenience of the place of trial having regard to the nature of evidence and the issues raised, the court found that the claims and subject matter of T.S. 246/2016 are such that if tried by a different court there is every possibility of conflict of judicial opinion.

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Key takeaways

The learned District Judge, Barasat is directed to withdraw Title Suit No. 246 of 2016 from the file of the learned Civil Judge (Senior Division), 2nd Court, Barasat.ratio¶15
The withdrawn suit is to be transmitted to the court of the learned Civil Judge (Senior Division), 4th Court, Alipore within a period of three weeks from the date of communication of the order.ratio¶15
The transferee court shall proceed with Title Suit No. 246 of 2016 from the stage it has already reached and shall serve notice to both parties intimating the next date of hearing before taking up the transferred suit for further proceeding.

Detailed headnote1 paragraphs

Transfer petition under Section 24 of the Code of Civil Procedure — CO 3883 of 2024, Anuradha Mitra v. Anusuya Banerjee & Ors., decided 18.08.2025 by Dr. Ajoy Kumar Mukherjee, J. The petitioner sought transfer of Title Suit No. 246 of 2016 from the learned Civil Judge (Senior Division), 2nd Court, Barasat to the learned Civil Judge (Senior Division), 4th Court, Alipore, where the parties' two partition suits over joint properties (T.S. No. 2013 of 2015 and T.S. No. 2438 of 2016) were already pending. Opposite Party No.1 raised no objection; Opposite Party Nos. 2 to 9 were unrepresented. Weighing the balance of convenience of the parties and witnesses and the place of trial, the court held that trial of T.S. 246/2016 by a different court carried every possibility of conflict of judicial opinion and allowed the application. The District Judge, Barasat was directed to withdraw the suit and transmit it to the Alipore court within three weeks; the transferee court to proceed from the stage already reached after intimating the next date of hearing to both parties.

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18.08. g.b. 2025 Ct. No.29 261

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CO 3883 of 2024

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Anuradha Mitra Vs. Anusuya Banerjee & Ors.

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Mr. Sandipto Bose Mr. Joyjeev Medhi …….For the Petitioner

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Mr. H. Tiwari Mr. A. Hossain

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….For the Opposite Party No.1

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Affidavit of service and Supplementary affidavit filed on behalf of the petitioner is also taken on record.

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Opposite Party Nos. 2 to 9 are not represented.

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This is an application under Section 24 of the Code of Civil Procedure wherein the petitioner has prayed for transfer of Title Suit No. 246 of 2016 presently pending before learned Civil Judge (Senior Division), 2^nd Court, Barasat to the court of learned Civil Judge (Senior Division), 4^th Court, Alipore.

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Learned counsel appearing on behalf of the petitioner submits that the parties have already initiated two suits for partition being Title Suit No. 2013 of 2015 and Title Suit No. 2438 of 2016 which are pending before the court of learned Civil Judge (Senior Division), 4^th Court, Alipore. He accordingly submits if the instant suit being Title Suit No. 246 of 2016 is transferred to the said court, it would be

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convenient to both the parties to conduct all the three proceedings in connection with joint properties of the parties.

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Learned counsel appearing on behalf of the Opposite Party No.1 submits that his client has got no objection, if the prayer made by the petitioner is allowed.

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Having considered balance of convenience or inconvenience to the petitioner or opposite party herein or the witnesses, convenience and inconvenience of a particular place of trial having regard to the nature of evidence on the points involved in the suit, issues raised by the parties, I am of the view that the claims and the subject matter of instant suit being no. T.S. 246/2016 is such that if the said suit is tried and disposed of by different court, then there is every possibility of conflict of judicial opinion. In such view of the matter, CO 3883 of 2024 is allowed.

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Learned District Judge, Barasat is directed to withdraw the Title Suit No.246 of 2016 from the file of the learned Civil Judge (Senior Division), 2^nd Court, Barasat and to transmit the same to the court of learned Civil Judge (Senior Division), 4^th Court, Alipore within a period of three weeks from the date of communication of the order. The transferee court shall proceed with the said Title Suit No. 246 of 2016

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from the stage where it reached till today. He will also serve notice to both the parties intimating next date of hearing before taking up the transferred suit for further proceeding.

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The department is directed to send a copy of this order to the learned District Judge, Barasat and learned District Judge Alipore immediately.

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Urgent photostat certified copy of this order, if applied for, be supplied to the parties on urgent basis after completion of all formalities.

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( Dr. Ajoy Kumar Mukherjee, J.)

Anuradha Mitra v. Anusuya Banerjee and Ors.

Case brief

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What did the court decide?

Anuradha Mitra v. Anusuya Banerjee and Ors.

Case brief

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What the court decided

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