PHOENIX ENCLAVES PVT. LTD. Vs. SRI BANKIM DAS AND ORS.
LAWS(CAL)-2017-6-259
HIGH COURT OF CALCUTTA
Decided on June 22,2017

Phoenix Enclaves Pvt. Ltd. Appellant
VERSUS
Sri Bankim Das And Ors. Respondents

JUDGEMENT

MIR DARA SHEKO,J. - (1.) This Court in the process of dealing with this case has come across some unprecedental events which are not dealt with in ordinary course of business in the revisional jurisdiction under Article 227 of the Constitution of India. But the factual aspects oriented with several peculiar events which were looked into from independent angle respectively by learned courts below are required to be revisited since there was rejection of prayer for temporary injunction Learned trial Court on examining the relevant facts which has been reversed by learned Appellate Court. The instant application under Article 227 of the Constitution of India has been directed assailing order dated 31st March, 2016 passed by learned District Judge, North 24 Parganas, Barasat in Misc. Appeal No. 192 of 2015 reversing the Order no. 16 dated 8th October, 2015 passed by learned Civil Judge, Barasat in Title Suit No. 127 of 2014.
(2.) Heard Mr. S.N Mitra, learned senior counsel, being assisted by Mr. R.B. Chowdhury, Mr. Dipak Chowdhury, Mr. Rishav Banerjee, Mr. Varun Kedia and Mr. Rahul Poddar, representing the petitioner who was defendant no. 4 in the suit.
(3.) Heard also Mr. Asim Kumar Datta, learned counsel, representing the Opposite Party no. 1/plaintiff who had filed a suit claiming right, title, interest on the basis of Deed no. 6325, said to have been executed in favour of his client on 9th November, 1975 = 2nd Kartick 1382 B.S, which was said to have been copied in Book no-I, Vol-139, pages 297 to 300 being no. 6235 for the year 1975.;


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