Md. Zahid v. Asia Khatoon And ORS

14.07.2022 (D/L-15) Ct.-18 (Susanta) C.O. 761 of 2022 Md. Zahid -Vs- Asia Khatoon & Ors.

Mr. Kushal Chatterjee, Mr. Abirlal Chakraborty, Mr. Debrup Choudhury, ... For the Petitioner.

Mr. Tarique Quasimuddin, Mrs. Jainab Jahur, .... For the Opposite Parties.

Affidavit-of-service filed in Court today be kept with the record.

The defendant in a suit for partition is the petitioner of the instant application under Article 227 of the Constitution of India and is directed against the order dated March 14, 2022 passed by the learned Civil Judge (Senior Division) at Sealdah District. 24-Parganas (North) in Title Suit No. 86 of 2020.

The learned Trial Judge by the order impugned has allowed an application filed by the plaintiff/opposite party under Order XXXIX Rule 7 of the Code of Civil Procedure for holding local inspection of the suit property.

The points on which the inspection has been sought for are neither relevant nor necessary for the purpose of effective disposal of the suit, as

such the said inspection of the suit property is not necessary.

Mr. Quasimuddin, learned advocate for the plaintiffs/opposite parties submits that the plaintiffs are not aware of the particulars of the tenants of the suit property but the said details are necessary for the proper adjudication of the application filed by the plaintiff for appointment of receiver over the suit property and for the said purpose, the inspection of the suit property has been sought for.

The plaintiffs being co-sharers of the suit property are always entitled to gather the said information and the defendant cannot obstruct the plaintiffs to have access in the suit property for the said purpose.

The order impugned is set aside; C.O. 761 of 2022 is thus disposed of with the above observations without any order as to costs.

Urgent photostat certified copy of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities. (Biswajit Basu, J.)