Order No.19 Dated-17.01.2023
The case is taken up for passing order over the hearing of MA No.- 332/2022 arising out of CC-182/2020.
Perused the application being MA being No. 332/2022 as filed by the OP-1/Petitioner. Considered. From the content of the application, it appears that the OP-1 stated that the complainants/ OP Parties have filed the case before the commission with the prayer to handover physical possession of suit flat by executing the deed of conveyance along with other reliefs based upon the said principal relief.
The complainants/ Petitioners have filed the case before this commission relying upon the agreement for sale dated 05.06.2018 has constituted between the OPs and the complainants
for the flat in question situated in the ground floor of the premises in question, upon which the OP-1 has no right at all to transfer and convey because the flats situated on the ground floor of the premises in question are lying in the allocation of the land owners as per registered development agreement dated 21.03.2013. So, it is next to impossible for the OP-1 to sell or execute the deed of conveyance in favour of the complainant.
It is the further case of the OP-1/ Petitioner that he has filed the title suit being No. 314/2021 before the Ld. Civil Judge, Jr. Div., 1st Court, Sealdah praying for declaration that the alleged agreement for sale dated 05.06.2018 on the basis of which the complainants/ OP Parties have filed the case before this commission (Unit II, Kolkata) is null and void and has no legal validity and not binding upon the OP-1/ Petitioner, which is still pending before the Ld. Civil Judge, Jr. Div. , 1st Court, Sealdah for final disposal and the fate of which will also stear the fate of the instant case and if the further preceding of this case shall not be stayed at this stage till disposal of title suit No. 314/2021 then judicial chaos will be arised. Under such circumstances, it is prayed by the OP-1/ Petitioner to stay all further proceedings of CC -182/2020 till the disposal of the title suit No. 314/2021.
The complainants/OP Parties though not filed any WO in writing but participated in the hearing of stay application and vehemently opposed the prayer of the OP-1.
But on a close security of the materials on record, it appears that the OP-1/ petitioner files the documents from which it is revealed that he filed the title suit No. 314/2014 before the Ld. Civil Judge, Jr. Div., 1st Court, Sealdah on 02.09.2021 which is still pending for final disposal. He filed the title suit for declaration that the alleged agreement for sale dated 05.06.2018 is null and void. On the basis of which the present complainants/ OP Parties (MA-332/2022) have filed the instant case being No. 182/2020. So, when the impugned agreement for sale dated 05.06.2018 which is subject of this case No. CC-182/2020 is under challenge before the original Civil Court then the Ld. Advocate for the OP-1/Petitioner rightly argued that all further proceedings of case No. CC-182/2020 as pending before this commission (Unit-2, Kolkata) shall be stayed till the disposal of title suit No. 314/2021 as pending before the Ld. Civil Judge, Jr. Div. , 1St Court, Sealdah.
Under such circumstances, this commissions is of view that to avoid all further judicial complications and multicipality of proceedings it would be wise to stay all further proceeding of case No. CC-182/2020 as pending before this commission till the disposal of title suit No. 314/2021 by the Ld. Civil Judge, Jr. Div.,1st Court, Sealdah.
Hence,
Ordered
That the MA being No. 332/2022 as filed by the Petitioner/OP-1 is considered and allowed on contest without any cost against the OPs/complainants.
All further proceedings of CC-182/2020 is hereby stayed till disposal of title suit No. 314/2021 as pending before the Ld. Civil Judge, Jr. Div. , 1st Court, Sealdah.
The MA being No. 332/2022 is thus disposed of.
