Mangal Adhikary And ORS v. Lalita Adhikary And ANR

Court No. 6 CO 1435 of 2025 (265719) 29.04.2025 Mangal Adhikary & Ors.

Vs.

Lalita Adhikary & Anr.

(AD 21) (S. Banerjee) Mr. Gautam Das Mr. Gazi Faruque Hossain Mr. Varsha Roy ...for the petitioners This application under Article 227 of the Constitution of India is at the instance of the defendant/ appellant in Title Appeal No. 35 of 1999 challenging the order dated April 9, 2025 passed by the learned Additional District Judge, 1st court, Baruipur. By the order impugned the learned judge of the first appellate court rejected the application under Order 39 Rule 7 of the Code of Civil Procedure. Upon going through the application under Order 39 Rule 7 CPC, this Court finds that the petitioner herein at the appellate stage had filed an application for local inspection in respect of a shop-room situated at Nimpith Bazar.

In what capacity the elder grandson of the plaintiff is using the shop-room, has not been specifically stated in the said application. The learned trial judge assigned cogent reasons in support of the

order rejecting the prayer for local inspection. This court does not find any reason to interfere with such order.

Accordingly, CO 1435 of 2025 stands dismissed. There shall be no order as to costs.

(Hiranmay Bhattacharyya, J.)