1. Heard Mr. S. Panthi, learned counsel for the petitioner, who has
submitted that the case between the parties herein revolves around a suit for
partition and declaration of right, title and interest, the same being taken up
before the Trial Court and registered as Title Suit No. 23 (T) 2022. Along with
the said Title Suit, Misc. Case No. 117 (T) 2022 was also filed. In the
meantime, in course of these proceedings, the petitioner has approached this
Court by way of a writ petition being WP(C) No. 481 of 2024, and this Court
vide order dated 17.12.2024 at para 4, had disposed of the same with a
direction as follows:
“4. I have heard learned counsel for the parties and also
examined the materials as placed by the learned counsel for the
petitioner. The writ petitioner has annexed at Annexure-3 to the
writ petition a copy of the plaint of T.S. No. 23 (T) of 2022,
which is a suit for partition and declaration of right in interest
and has submitted that it is at the stage of issues and documents.
It is also noted that the respondent No. 1, in the instant writ
petition is also arrayed as the proforma respondent No. 6 in the
said Title Suit. This being the situation coupled with the fact that
no materials have been brought on record to show that there is
construction going on in the suit land, and also due to the
availability of alternate remedy, the writ petition is not
entertained at present. The writ petitioner, however, is at liberty
to approach the Civil Court where the suit is pending and a
concession is given that on such application being preferred
before the Trial Court, the same shall be taken up and orders
passed thereon expeditiously.”