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151 Petition

The document is a petition filed in court by the plaintiff (Smt. Shipra Sengupta) requesting the court to stop all further proceedings in a title suit (no. 1612 of 2019) until the disposal of a related appeal case (no. 313 of 2022). The plaintiff had filed the appeal case challenging an order passed in the title suit and is now requesting the lower court to keep the title suit proceedings in abeyance to avoid making the appeal case infructuous and causing irreparable loss or injury to the plaintiff. An affidavit by the plaintiff is also attached affirming the statements made in the petition.

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Sayan Mitra
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1K views3 pages

151 Petition

The document is a petition filed in court by the plaintiff (Smt. Shipra Sengupta) requesting the court to stop all further proceedings in a title suit (no. 1612 of 2019) until the disposal of a related appeal case (no. 313 of 2022). The plaintiff had filed the appeal case challenging an order passed in the title suit and is now requesting the lower court to keep the title suit proceedings in abeyance to avoid making the appeal case infructuous and causing irreparable loss or injury to the plaintiff. An affidavit by the plaintiff is also attached affirming the statements made in the petition.

Uploaded by

Sayan Mitra
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
  • Petition Header
  • Main Petition Content
  • Affidavit

1

District - South 24 Parganas

IN THE COURT OF THE LEARNED 3RD CIVIL JUDGE


(JUNIOR DIVISION) AT ALIPORE

Title Suit No. 1612 of 2019


Smt. Shipra Sengupta
… … … … Plaintiff
Versus
Sri Utpal Chowdhury & Anr.
… . … Defendants
In the matter of
An application under section 151 of
the Code of Civil Procedure;

The Humble petition on behalf of the


Plaintiff above named.

Most Respectfully Sheweth:

1. That being aggrieved and dissatisfied with the order dated 12.09.2022
passed by the Learned 3rd Court (Junior Division) Civil Judge at Alipore
your plaintiff/petitioner has preferred a Misc. Appeal being no. 313 of 2022
before the Learned District Judge at Alipore for extending the ad interim
injunction dated 03.10.2019 which was not allowed by your Honour and
subsequently the Misc Appeal was filed and admitted by the Learned
District Judge and was pleased to fix the date for Appearance of the
defendants on 02.11.2022.

2. That today i.e. the date fixed for further hearing by the defendant no.2 in
respect of temporary injunction application in the Title Suit No. 1612 of
2019 before Your Honour.

3. That considering the above facts and circumstances stated above and for
the ends of justice your Petitioner prays before Your Honour to stop all
further proceedings in connection with the said Title Suit being no. 1612 of
2

2019, till disposal of the aforesaid Misc. Appeal, otherwise your petitioner
will suffer irreparable loss and injury.

4. That until and unless the further proceedings in connection with the instant
suit are kept in abeyance, the aforesaid Misc. Appeal filed before the
Learned District Judge at Alipore will be infructuous.

5. That this petition is made bona fide and for the ends of justice.

Under the above facts and


circumstances it is humbly prayed
that your Honour may graciously be
pleased to allow this petition and
pleased to stop all proceedings in
Title Suit being no. 1612 of 2019 till
disposal of the Misc. Appeal being
no. 313 of 2022 and pass necessary
order or orders as your Honour may
deem fit and proper for the end of
justice.

And for this act of kindness your petitioner as in duty bound shall ever pray.
3

AFFIDAVIT

I, Smt. Shipra Sengupta, wife of Late Arun Prasad Sengupta, aged about 70 years,
by religion Hindu, occupation - Housewife, residing at Santoshpur Co-operative
Society, P.O. Bidhangarh, P.S. Rabindra Nagar, Kolkata - 700066, District - South 24
Parganas, do hereby solemnly affirm and say as follows:

1. That I am the plaintiff in the instant suit and am fully conversant with the
facts and circumstances of this case.
2. That the statements made in the foregoing paragraphs are true to the
knowledge and belief and rests are my submission before this court.

______________________
DEPONENT

Identified by me
Advocate

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