Today is fixed for hearing of this M.A. case which has been initiated by the O.p. of C.C. case No.393/2019 on the ground that the above noted C.C. case is required to be stayed.

This matter has been contested by O.p. of this M.A. case who is the complainant of the above noted complaint case by filing W/O.

Ld. Advocates of both sides are found ready. Heard argument of both sides. Considered submission.

It is the main point of contention of argument that on the self-same matter one Civil Case being Title Suit No.322/2020 is pending before the Ld. Civil Judge (Jr. Div.) 7^th Court at Howrah and in the said case agreement which is basis of the above noted C.C. case has been challenged. It is also pointed out by the applicant of this M.A. case that the complainant of the above noted complaint case has also filed another Civil Case before the Civil Judge (Sr. Div.), Howrah.

On the other hand it is the submission and argument of the O.p. of this M.A. case that the pendency of Civil Cases are related with the separate matter and it has no connection with the complaint case.

For the purpose arriving at just and proper decision in the above noted issue this District Commission finds that the C.C. case being No.393/2019 has been instituted on 12/12/2019 but the Title Suit No.322/2020 has been initiated before the Ld. Civil Judge (Jr. Div.) 7^th Court, Howrah in the year 2020 and another Civil Case which has been referred by the applicant of this M.A. case has been filed in the year 2010 and the case No is Title Suit No.107/2010 and that case has been filed for partition before the Ld. Civil Judge (Sr. Div.) 2^nd Court, Howrah. Relating to the case number T.S. No.107/2010 no document has been filed by the applicant side of this M.A. case. Similarly it is also important to note that no certified copy of the order sheet of Title Suit No.322/2020 has been filed by the applicant side to satisfy this District Commission that the said Civil Suit has been filed on the self-same subject matter.

All the above noted factors are clearly reflected that the subject matter of C.C. case No.393/2019 and subject matter of the above noted Civil Suit are totally deferent. In view of this position this District Commission is of the view that there is no question of staying operation of C.C. case no.393/2019.

In the result,

it is accordingly,

o r d e r e d

that the prayer of the applicant side of the M.A. case for staying operation of C.C. Case No.393/2019 is rejected on contest. No order is passed as to cost.

In the light of the observation made above this M.A. case No.98/2022 be and the same is dismissed on contest.

Dictated & corrected by me.

President