Rajyadhar Dutta v. Sujit Das And ORS

17.11.2021 (S/L-54) Ct.-18 (Susanta) (Via Video Conference) C.O. 1684 of 2021 Rajyadhar Dutta -Vs- Sujit Das & Ors.

Mr. Pratip Kumar Chatterjee, .... For the Petitioner.

Mr. Samrat Choudhury, Mr. Amit Dey, ... For the O.P. No. 8.

Mr. Chittapriya Ghosh, .... For the O.P. No. 18, 21, 26-28, 32, 34, 35-37.

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

The plaintiff in a suit for partition is the petitioner of the present application under Article 227 of the Constitution of India which is directed against order no.16 dated September 8, 2021 passed by The learned Civil Judge (Senior Division) Kandi, District-Murshidabad in Partition Suit No. 259 of 2018.

The learned Trial Judge by the order impugned has allowed an application filed by defendant, opposite party no.8 seeking permission to construct his dwelling house over a portion of the joint property, claiming to be in his possession.

The order impugned is not supported by any reason and is set aside only on the said ground alone.

The learned Trial Judge is directed to decide the said application afresh in accordance with law.

The parties are at liberty to file documents and/or further affidavits in connection with the said application.

Considering the nature of the application, the learned Trial Judge is requested to dispose of the said application expeditiously preferably within a period of two available effective working months of the said Court from the date of communication of this order and in doing so shall not grant any unnecessary adjournment of either of the parties.

It is made clear that this Court has not gone into the merit of the said application, it is for the learned Trial Judge to decide the same.

C.O 1684 of 2021 is disposed of with the above terms 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.)