Buju Sekh Alias Ruju Sekh v. Amir Sekh And ANR

01,DL,Ct.18 14.09.2021 AJ.

C.O. 680 of 2021 (Through Video Conference) Buju Sekh alias Ruju Sekh -Vs- Amir Sekh & Anr.

Mr. Partha Pratim Roy, Mr. Anirban Das.

... for the petitioner.

Mr. Gobinda Gayen.

....for the opposite party.

The revisional application under Article 227 of the Constitution of India is at the instance of the defendant no.1 in a suit for partition and is directed against the order dated December 01, 2020 passed by the learned Civil Judge (Senior Division), Lalbagh, District- Murshidabad in the said suit being Partition Suit No. 461 of 2014. The learned Trial Judge by the order impugned has dismissed an application filed by the petitioner praying that permission to put fencing/boundary wall around a portion of the suit property allegedly under his possession may be granted.

In view of the nature of the suit, the petitioner at this stage cannot be allowed to put such fencing or boundary wall.

The learned Trial Judge, therefore, has not committed any error in dismissing the said application.

The order impugned does not call for any interference.

C.O. 680 of 2021 is dismissed without any order for 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.)