Authority: Calcutta High Court (Division Bench)
Order Date: 15 September 2026
Case Overview
- Parties: Branch Manager, Indian Bank (Minsarulla Mallik & Ors.) as petitioners; Mr. Shamit Sanyal and Ms. Mekhala Kanji as respondents.
- The petition is a civil revision (C.O. 4076 of 2025) against the order dated 3 September 2025 of the Civil Judge (Senior Division) at Kandi, Murshidabad in Partition Suit No. 115 of 2025.
- The bank argued that the suit was non‑maintainable because part of the property was subject to SARFAESI Act proceedings, claiming civil court jurisdiction was ousted.
- The trial court held the suit was for partition of co‑sharers’ property, a civil matter beyond the SARFAESI statutory authority, and dismissed the bank’s objection.
Final Outcome
- The High Court found no illegality in the trial court’s order, dismissed the civil revision, and ordered the trial court to dispose of the partition suit expeditiously, preferably within six months from the next date fixed.
Topics: Civil Jurisdiction, SARFAESI Act