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Brief Synopsis and Short List of Dates

The document outlines a civil revisional application filed by Shri Vinod Agarwal against the Board of Councillors, Darjeeling Municipality, challenging an order from September 19, 2024. It includes a brief synopsis and a timeline of significant dates related to the tenancy and legal proceedings involving the petitioner and the respondents. The timeline highlights key events from 1988 to 2024, detailing the history of the tenancy, legal actions taken, and court orders issued.

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Heena Shaikh
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0% found this document useful (0 votes)
25 views3 pages

Brief Synopsis and Short List of Dates

The document outlines a civil revisional application filed by Shri Vinod Agarwal against the Board of Councillors, Darjeeling Municipality, challenging an order from September 19, 2024. It includes a brief synopsis and a timeline of significant dates related to the tenancy and legal proceedings involving the petitioner and the respondents. The timeline highlights key events from 1988 to 2024, detailing the history of the tenancy, legal actions taken, and court orders issued.

Uploaded by

Heena Shaikh
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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DISTRICT: DARJEELING

IN THE HIGH COURT AT CALCUTTA


CIRCUIT BENCH AT JALPAIGURI
CIVIL REVISIONAL JURISDICTION
(APPELLATE SIDE)

C.O. NO. OF 2024

In the matter of:

Shri Vinod Agarwal

.… Petitioner

-Versus-

The Board of Councillors,


Darjeeling Municipality and
Others

… Respondents

BRIEF SYNOPSIS AND SHORT LIST OF DATES


The present revisional application is directed against Order No. 115
dated 19.09.2024 passed by Sri Jimut Bahan Bisws, the Learned
District Judge at Darjeeling in O.C. Appeal No. 08 of 2012 (Sri. Vinod
Agarwal vs. the Board of Councillors, Darjeeling Municipality and Anr.)

SHORT LIST OF DATES


22.11.1988: The tenancy in respect of the said premises was
duly mutated in favour of and in the name of the
Petitioner.

01.09.1992: The Petitioner instituted a suit seeking declaration


and permanent injunction against the Opposite
Parties herein before the Ld. Assistant District
Judge, Darjeeling being O.C. Suit No. 74 of 1992 and
the Ld. Court passed an Order restraining the
Defendants/ Opposite Parties from interfering with
the Plaintiff’s possession in the suit land by an order
of ad-interim injunction till the hearing of the
petition of temporary injunction.

21.09.1993: The Ld. Court below recorded the mutual


agreement between the parties and directed to
maintain status quo in respect of the suit property
till disposal of the suit in its order.

19.06.2009: The Opposite Party No. 1 granted a long term lease


in respect of property described in schedule B of the
plaint in favour of another person for a period of 15
years.

07.08.2012: The representative of the Opposite Party No. 1 in his


Evidence-in-Chief that was signed, affirmed and
filed has stated that the Opposite Party No. 1 had
not settled the Schedule ‘B’ land and was not
contemplating to settle the said strip of land
described in the Schedule B of the plaint.

26.09.2013: The Petitioner made an application under Order


XXXIX Rule 2A before the Ld. Civil Judge (Senior
Division) at Darjeeling and the same was registered
as Misc. Case No. 27 of 2013.
18.05.2015: The Ld. Court observed that the allegation brought
by the Petitioner is prima facie established to this
effect that before the finality of the suit bearing No.
74 of 1992, the interim Order of injunction passed
by the Court was violated by the opposite party
no.1 and the Opposite Party No. 1.

04.08.2016: The Ld. Court below vide impugned Order dismissed


the application of the Petitioner by holding that the
land in respect of which the lease was granted was
different from the suit land as described in the
Schedule ‘B’ of the Plaint.

17.09.2024: Application under Order XXVI Rule 9 read with


section 151 of CPC on 17.09.2024 filed by the
Plaintiff.

19.09.2024: Order No. 115 passed by Sri Jimut Bahan Bisws, the
Learned District Judge at Darjeeling in O.C. Appeal
No. 08 of 2012 (Sri. Vinod Agarwal vs. the Board of
Councillors, Darjeeling Municipality and Anr.)

27.09.2024: Hence, the present Revisional Application.

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