Minati Jhulki v. Nitai Jhulki And ORS

02.09.2024 Item No.35 ML Ct.19 A.J.

IN THE HIGH COURT AT CALCUTTA

CIVIL REVISIONAL JURISDICTION C.O. 2634 of 2024 Smt. Minati Jhulki -VsSri Nitai Jhulki & Ors.

Mr. Kajal Mukherjee, Mr. Bikash Chakrtaborty.

......for the petitioner.

Mr. Gopal Chandra Ghosh, Mr. Rajkrishna Mondal, Ms. Sunandana Saha.

.......for the opposite parties.

This is an application under Article 227 of the Constitution of India.

The Order No.16 dated June 06, 2024 passed by the learned Civil Judge (Senior Division) at Haldia, District : Purba Medinipur in connection with Title Suit No. 167 of 2023 is under challenge.

The petitioner is the plaintiff of the connected suit. The learned Trial Judge by the order impugned has dismissed an application under Order XXXIX Rule 7 of the Code of Civil Procedure holding that when the picture of the suit plot and the pathway thereto are prima facie clear to the Court, there is no necessity of inspection, as prayed for. The learned Trial Judge has come to the said finding on the basis of the materials on record; therefore this Court does not find any reason to interfere with such finding(s). The order impugned does not call for any interference; C.O. 2634 of 2024 is dismissed without any order as to costs.

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

(Biswajit Basu, J.)