Mr. Debnath Ghosh, learned Senior Advocate appearing for the
plaintiff submits that since the plaintiff is the owner of the property, if the
second defendant surrenders its occupation and possession, the same
should be made over to the plaintiff. Accordingly, the plaintiff has filed the
instant application along with other consequential reliefs.
Mr. Soumabhao Ghose, learned Advocate appearing for the second
defendant submits that he has already made a prayer in the second civil
suit being CS-COM/297/2024, by way of filing an application that the
second defendant intends to surrender its tenancy and occupation in the
property. He refers to the order dated May 8, 2025 passed in the said
application in the second suit by a Coordinate Bench at page 286 of the
petition. The order (at page 288) shows that the second defendant herein
being the tenth defendant therein intended to surrender its tenancy and
hand over possession of the portion of the second floor in its occupation at
the property, in favour of any person/entity that the Court may direct. He
further has drawn attention of this Court to paragraph 16 of the said order
and submits that the present first defendant being the second defendant
therein had raised objection, with regard to the prayer for surrendering of
tenancy and submitted that the second suit filed by the plaintiff is mainly
connected with the third floor of the property in question. The second floor
was not involved in the second suit and as such, the Court should not pass
any order directing the second defendant herein being the tenth defendant
in the second suit to hand over the second floor of the premises to any of
the parties. The said order has never been appealed against. Therefore, the
prayer of the second defendant herein once again renewed by the second
IA No. GA-COM/1/2026
In CS-COM/85/2026
A.R., J.
