Smt Apu Rani Saha v. Soumen Dutta And ORS

17.11.2022 Sl.No. 27 Ct.No.3 Amalranjan

IN THE HIGH COURT AT CALCUTTA

CIVIL APPELLATE JURISDICTION APPELLATE SIDE FMA 349 of 2022 With CAN/1/2022 Smt. Apu Rani Saha VS Sri Soumen Dutta & Ors.

Mr.Gopal Chandra Ghosh Mr. Rajkrishna Mondal ...for the appellant Re: CAN/1/2022 We admit the appeal.

We proposed to hear it out by dispensing with all formalities.

An affidavit of service is on record.

None appears for the respondents.

We have gone through the impugned order of the learned court below. There is no fundamental error in the said order. Only one part needs modification. That part of the order restraining the parties from raising any permanent structure is modified and clarified to the following effect:

Since according to the photographs of the construction shown to us in court by Mr. Ghosh, his client has almost completed the construction work, she shall be allowed to complete the construction in all respects without the right to

make any vertical or horizontal addition to it. The work proposed to be done like plastering, painting, fixing of windows and other moveables shall be proposed before the learned court below in an application by the appellant mentioning the nature and extent of such work proposed to be done which shall be recorded and allowed by it.

The learned court below shall dispose of the application within two weeks of moving the same. The rest of the impugned order is affirmed.

The appeal and the connected application are, accordingly, disposed of.

( Biswaroop Chowdhury,J. ) ( I. P. Mukerji,J. )