Ali Akbar @ Akbar Ali And ORS v. Nazrul Islam And ORS

D/L- 12 24/02/2025 Ct. No.-6 Aritra C.O. 578 of 2025 Ali Akbar @ Akbar Ali & Ors.

Versus

Nazrul Islam & Ors.

Mr. Rafiqul Islam Ms. Manika Sarkar ...for the petitioners By the order impugned the application of the petitioner praying for effecting repair stood rejected. The learned advocate appearing for the petitioner submits that the petitioner wants to repair the roof of a cowshed which is very much necessary for the purpose of protection of the cows in the cowshed. It is not in dispute that status quo order with regard to the nature and character of the suit property is in subsistence. The learned advocate appearing for the petitioners, in his usual fairness, submits that no prayer for local inspection was made before the learned Trial Judge in order to bring the picture before the learned Trial Judge. The learned Trial Judge was right in rejecting the application for repairs on the ground that the suit is at the advance stage and the petitioner has not filed any application for local inspection. That apart, the learned Trial Judge recorded that the petitioners have already made repairs pursuant to the earlier order dated December 22, 2021.

In view thereof, this Court is not inclined to interfere with the order impugned.

With the above observation CO 578 of 2025 stands dismissed.

There will be no order as to costs.

Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.

(Hiranmay Bhattacharyya, J.)