Leena Bhowmick v. Kalyani Ghosh

Court No. 6 CO 2113 of 2025 (265719) 08.07.2025 Miss Leena Bhowmick Vs.

Smt. Klayani Ghosh (AD 34) (S. Banerjee) Ms. Pampa Ghosh ...for the petitioner This application under Article 227 of the Constitution of India is at the instance of the defendant and is directed against an order being no. 41 dated April 29, 2025 passed by the learned 5th Judge, Small Causes Court at Kolkata in Ejectment Suit No. 392 of 2019.

By the order impugned the application under Order 39 Rule 7 of the Civil Procedure Code at the instance of the plaintiff/opposite party in a suit for eviction, stood allowed.

It is not in dispute that the opposite party herein filed a suit for eviction inter alia on the ground of reasonable requirement.

After going through the points set out in the schedule of the application for local inspection, this court is of the considered view that local inspection on such points is necessary for the purpose of effective adjudication of the dispute between the

parties to the suit for eviction on the ground of reasonable requirement.

Learned advocate appearing for the petitioner submits that the petitioner filed a written objection stating that the opposite party is running a hotel business in and around the suit property and such premises also have to be inspected. It appears that no steps in that regard has been taken by the petitioner. The petitioner is left free to take appropriate steps in accordance with law.

This court does not find any reason to interfere with the order impugned. Accordingly, CO 2113 of 2025 stands dismissed. However, there shall be no order as to costs.

(Hiranmay Bhattacharyya, J.)