Shila Roy v. Ratan Kumar Ghosh And ANR

19.06.2024 Item No.13, DL Ct.19 A.J.

IN THE HIGH COURT AT CALCUTTA

CIVIL REVISIONAL JURISDICTION C.O. 2056 of 2024 Shila Roy & Anr.

-Vs- Ratan Kumar Ghosh & Anr.

Mr. Abhijit Ray, Mr. Santu Nandy, Md. Ayaan. ......for the petitioners. The instant application under Article 227 of the Constitution of India is at the instance of the defendants in a suit for recovery of possession being the Title Suit No. 269 of 2015 and is directed against order dated April 25, 2024 passed by the 1st Court of the learned Civil Judge (Junior Division) at Alipore, District : 24-Parganas (South) in the said suit. The learned Trial Judge by the order impugned has dismissed an application filed by the petitioners for holding local inspection of the suit property.

The petitioners have sought for such inspection to elucidate the local feature of the suit property and to demonstrate the existence of the bathrooms and terrace at the first floor of the suit building.

It appears from the order impugned that the P.W.1, at the time of cross-examination, had admitted the existence of two bathrooms at the terrace of the suit building. The witness action in the suit has been concluded and the suit since has reached to a very matured stage, the order impugned, therefore, does not call for any interference.

The suit is pending since 2015, the learned Trial Judge is requested to expedite the disposal of it and in doing do, shall not grant prayer of the parties for any unnecessary adjournment.

C.O. 2056 of 2024 is dismissed without any order as to costs.

Urgent photostat certified copies of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities.

(Biswajit Basu, J.)