Laxman Hansda And ORS v. Bankim Bhunia And ORS

Supple01 sandip Ct. 19 05.08.2024 In The High Court At Calcutta Civil Revisional Jurisdiction (Appellate Side) C.O. No. 2432 of 2023 I.A. No : CAN 1 of 2024 CAN 2 of 2024 CAN 3 of 2024 Laxman Hansda & Ors.

Vs.

Bankim Bhunia & Ors.

Mr. Mukunda Lal Sarkar ... For the petitioners. Affidavit-of-service filed on behalf of the petitioners be kept with the record.

The matter has been brought to the supplementary list as Mr. Mukunda Lal Sarkar, learned advocate for the petitioners prayed immediate hearing of it. The instant application under Article 227 of the Constitution of India is at the instance of the defendants in a suit for eviction of licensee and is directed against the order dated May 30, 2023 passed by the learned District Judge, Paschim Medinipore in Miscellaneous Appeal No. 127 of 2022, thereby affirming the order dated July 18, 2022 passed by the 3rd Court of learned Civil Judge (Junior Division), Paschim Medinipore in Title Suit No. 632 of 2019. The learned Trial Judge by the order dated July 18, 2022 had allowed an application filed by the plaintiffs under XXXIX Rules 1 and 2 of the Code of Civil Procedure by restraining the defendants from

disturbing the peaceful possession of the plaintiffs in respect of schedule A and B properties and also not to make any new construction or any other act to change the nature and character of those properties till the disposal of the suit.

The defendants, aggrieved by the said order had preferred the connected Misc. appeal. The appeal Court below by the order impugned has dismissed the said appeal.

This Court is not inclined to interfere with the concurrent findings of both the Courts below in exercise of power under Article 227 of the Constitution of India.

Mr. Sarkar, learned counsel for the petitioners submits that the suit property is in dilapidated condition and requires immediate repair.

The petitioners are at liberty to approach the learned Trial Judge with appropriate application. C.O. 2432 of 2023 is therefore dismissed without any order as to costs.

In view of the dismissal of the revisional application, the connected applications being I.A. No : CAN 1 of 2024, CAN 2 of 2024 and CAN 3 of 2024 are also dismissed 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.)