Birendra Nath Das v. Sukla Das And ANR

24.08.2023 Court No. 19 Item No.10 CP C.O. 3972 of 2022 Birendra Nath Das Vs.

Sukla Das & anr.

Mr. Tarak Nath Halder ...for the petitioner.

Smt. Sukla Das ....opposite party no. 1.

(in person) Despite service, none appears on behalf of the opposite party no. 2. Affidavit of service is taken on record.

This revisional application is disposed of granting liberty to the petitioner to file an application before the learned court below for appointment of an advocate commissioner who shall make an inspection of the property in question, in order to ascertain whether the meters installed by the CESC Limited in the name of the respective parties have been installed in a common meter room. The details of the room and the location of the same in the house will be ascertained.

If it is found that both the meters are in a common room or place, in that event, the report of the commissioner shall indicate the same. The learned court upon consideration of the report, will

issue necessary direction for affixation of a lock on the door leading to the meter room, upon removal of the existing padlock and the keys shall be handed over to the respective parties.

If it is found that the meters are not in one room, in that event, such prayer of the petitioner for handing over a duplicate key will not be entertained. The cost of the local inspection shall be borne by the petitioner.

The revisional application is accordingly disposed of.

There shall be no order as to costs.

Parties are to act on the server copy of this order.

(Shampa Sarkar, J.)