Bholanath Naskar And ANR. v. M/S. Shamali Plastic

sandip Ct. 19 12.08.2024 In The High Court At Calcutta Civil Revisional Jurisdiction (Appellate Side) C.O. 2855 of 2024 Sri Bholanath Naskar & Anr.

Vs.

M/s. Shamali Plastic, a registered partnership Firm, represented by one of its authorized partners, Smt. Srabani Sasmal Mr. Tanmoy Mukherjee, Mr. Kajal Ray, Mr. Suman Nandi ... For the petitioners. Mr. Nilanjan Bhattacharjee, Mr. Saikat Dey ... For the opposite party. The defendants in a suit for declaration and permanent injunction are the petitioners of the instant application under Article 227 of the Constitution of India, which is directed against the order dated July 05, 2024 passed by the 6th Court of learned Civil Judge, (Junior Division) at Howrah, in the said suit being Title Suit No. 568 of 2024. The learned Trial Judge by the order impugned has allowed an application filed by the plaintiff for local inspection of the suit property on the points enumerated in the said application. The parties had entered into an agreement for sale of the suit property. The defendants by a notice dated November 11, 2022 have cancelled the said agreement; the said notice is under challenge in the said suit.

In view of the scope of the suit, the local inspection of the suit property is an unnecessary drill.

The order impugned therefore is set aside; C.O. 2855 of 2024 is allowed 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.)