Mohasin Khan And ANR v. Basudeb Das And ORS

D/L- 31 21/08/2025 Ct. No.-6 Aritra C.O. 2765 of 2025 Mohasin Khan & Anr.

Vs.

Basudeb Das & Ors.

Mr. G.F. Hossain Mr. R.H. Khan ....for the petitioner This application under Article of the Constitution of India is at the instance of the plaintiff and is directed against an order being No.22 dated June 30, 2025 passed by the learned Civil Judge (Sr. Div.), 2nd Court at Baruipur in Title Suit No.132 of 2023. By the order impugned, the application for local inspection stood allowed.

The learned advocate appearing for the petitioner submits that the application for local inspection was filed for the purpose of collecting evidence in the suit. However, this Court finds that the defendant No.1 filed an application praying for construction of a wall on the portion of the defendant's land situated over the suit property for the purpose of safety and security of the shop room.

The learned trial judge observed that in order to bring the real picture of the suit property before the Court the local inspection of the suit property is necessary.

After going through the schedule of the application for local inspection, this Court is of the considered view that the learned trial judge was right in allowing the application for local inspection. This Court is not inclined to interfere with the order impugned. Accordingly, CO 2765 of 2025 stands dismissed. There will be no order as to costs.

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

(Hiranmay Bhattacharyya, J.)