Calcutta High Court
CO/2285/2024 of SWAPAN KUMAR ROY Vs KANAILAL BALA AND ORS on 7 October 2026
OF 2024 07.10.2026 Swapan Kumar Roy Sl no. 18 - Vs – Ct no. 2 Kanailal Bala & Ors. P.M. (Via Video Conference) Mr. Somnath Roy Chowdhury, Ms. Arpita Chowdhury, Mr. Anik Das ... for the petitioner. Ms. Debjani Sengupta, Mr. Atreya Chakraborty ... for the opposite party 1. Present
C.O. 2285 OF 2024
07.10.2026
Swapan Kumar Roy
Sl no. 18
- Vs –
Ct no. 2
Kanailal Bala & Ors.
P.M.
(Via Video Conference)
Mr. Somnath Roy Chowdhury,
Ms. Arpita Chowdhury,
Mr. Anik Das
... for the petitioner.
Ms. Debjani Sengupta,
Mr. Atreya Chakraborty
... for the opposite party
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1. Present petition has been filed challenging the order dated 20th March, 2024 whereby the application of the petitioner under Section 10 of the Code of Civil Procedure was dismissed.
2. Affidavit of service filed by the petitioner is taken on record.
3. Learned counsel for the petitioner on instruction submits that he would limit his prayer only to the extent that Misc. Case No. 6 of 2023 (pre-emption) and Title Suit No. 48 of 2023 be tried and decided simultaneously by the same court so as to avoid any conflict of judgement.
4. Learned counsel for the opposite party submits that the petitioner may move an application in
2 this regard and the learned Trial Court may decide the same in accordance with law.
5. This court considers that neither of the parties will be prejudiced if the Title Suit No. 48 of 2023 and Misc. Case No. 6 of 2023 (pre- emption) is taken together by the same court and decided together in accordance with law.
6. It is made clear that this court has not passed any order for the clubbing or consolidation of the suits. The simultaneous trial will only have both the parties in expeditious decision and would also avoid conflict of judgement.
7. With this observation this petition is disposed of.
8. Urgent photostat certified copy of this order, if applied for, be given to the parties upon compliance of all usual requisite formalities
(Dinesh Kumar Sharma, J.)