SAMIR KUMAR PAL @ SAMIR PAL vs MADHUSUDAN MODAK

A D – 9
Ct No.16
02.09.2026
(SSS)
SAT 173 of 2026
with
CAN 1 of 2026
Sri Samir Kumar Pal @ Samir Pal
Vs.
Sri Madhusudan Modak
Mr. Subhendu Bandyopadhyay,
Mr. Arindam Mitra,
Mr. Saikat Pal
....for the appellant.
Mr. Arup Banerjee,
Mr. Arun Kr. Satra
…for the respondent.
1. The certified copies of the Trial Court’s
judgment and decree are filed in Court today and
kept on record.
2. The documents handed over in Court today be
kept on record.
3. We find therefrom that the valuation as
depicted in the First Appellate Court’s decree
tallies with the Trial Court’s decree. As such, the
appeal is found to be in order insofar as valuation
is concerned. Let the defect in that regard be
deemed to stand cured. Leave is granted to the
learned advocate-on-record for the appellant to
rectify the memorandum of appeal during the
course of the day by incorporating the name of the

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learned presiding Judges of the Courts below in
the preamble thereof.
4. The present appeal has been preferred against
judgments whereby both the Courts below have
granted an eviction decree against the appellant
under Section 106 of the Transfer of Property Act.
5. Learned counsel for the appellant submits that
the First Appellate Court, after adjudication of a
connected repair application, did not grant further
opportunity of hearing to the appellant and
decided the appeal outright. Learned counsel
hands up a server copy of an order dated
September 24, 2025 passed in CO 2076 of 2025
whereby one of us (Sabyasachi Bhattacharyya, J.),
sitting singly, had directed the appeal to be
disposed of only after disposal of the pending
repair application.
6. Learned counsel argues that the hearing of the
appeal had been conducted lastly on September 9,
2025, whereas the revisional Court’s order was
passed on September 24, 2025. The repair
application was disposed of only on June 23, 2026
and thereafter, no further hearing was given to
the parties. It is submitted that thus, the
impugned judgment of the First Appellate Court is
vitiated by patent illegality and the matter at least

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ought to be remanded to the Appellate Court for a
fresh adjudication on merits.
7. However, from a true copy of order no. 35
dated September 9, 2025 passed in the title
appeal, handed over by learned counsel for the
appellant himself, we find that the appeal was
heard in full on that date and the next date i.e.
September 25, 2025 was only fixed for passing
judgment.
8. Thus, when the revisional application was
decided by this Court on September 24, 2025, no
further hearing remained to be done before the
First Appellate Court. The matter had already
been fixed for delivery of judgment. It is only due
to the direction of this Court that the learned
First Appellate Court, in deference to the same,
disposed of the repair application first before
passing the judgment in the appeal.
9. In view of the hearing of the appeal having
already been concluded prior to the revisional
Court’s order, we do not find any substance in the
argument of the appellant that merely by the
direction to dispose of the interlocutory
application first, the revisional Court had
reopened a further opportunity for the parties to
advance their arguments afresh, whereas the
hearing had already been concluded and it was

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recorded by the First Appellate Court to have been
so in the order dated September 9, 2025.
10. Even on merits, we find that both the Courts
below have concurrently found that the notice
under Section 106 of the Transfer of Property Act
was held to be a valid one and its service proved.
As such, there is no substantial question of law
involved in the appeal and/or any illegality on the
part of the Courts below.
11. Hence, SAT 173 of 2026 is dismissed under
Order XLI Rule 11 of the Code of Civil Procedure.
12. Accordingly, CAN 1 of 2026 is disposed of as
well.
13. No order as to costs.
14. Urgent Photostat certified copies of this
order, if applied for, be supplied to the parties
upon compliance of requisite formalities.
(Sabyasachi Bhattacharyya, J.)
(Sandip Kumar De, J.)