Shri.Ramesh Mondal v. Shri. Bennet Jacob And ANR
IN THE HIGH COURT AT CALCUTTA
[CIRCUIT BENCH AT PORT BLAIR] *** CO/1/2025 Shri. Ramesh Mondal Vs Shri. Bennet Jacob and another Mr. Ananda Halder ... for the petitioner/plaintiff Mrs. Anjili Nag, Sr. Adv.
Mr. Ajay Majhi ... for the respondents/opposite parties January 17, 2025 [AKB] Item Nos.5 The learned counsel representing the petitioner/plaintiff furnishes typed copy of the orders dated 21.08.2024, 27.09.2024, 18.10.2024 and 28.10.2024 passed in the Other Suit which was initially numbered as O.S.No. 6/2024 and presently being transferred to the court of the learned Joint Civil Judge, Senior Division, South Andaman, Port Blair has been renumbered as OS No.
of 2024.
The learned counsel representing respondents/opposite parties does not raise any objection as regards the typed copy of the orders filed today. Let the typed copy of the orders be kept with the record.
The petitioner has preferred this revisional application under Article 227 of the Constitution of India and has assailed the order No. 10 dated 08.11.2024 and order No. 11 dated 31.12.2024 passed by the learned Joint Civil Judge, Senior Division, Port Blair in Other Suit No. 153 of 2024.
The learned counsel representing the aggrieved party submits that without hearing the learned counsel representing the petitioner/plaintiff the prayer sought for by the respondent/defendant before the Trial Court seeking repair of the resort has been allowed which is against the provisions of law. The learned counsel further submits that the application which has been filed on behalf of the petitioner/plaintiff before the Trial Court under Order XXXIX Rules 1 and 2 read with Section 151 of the code of Civil Procedure (herein after to be referred to as the Code) has not been disposed of and prays for disposal of the said application.
The learned senior counsel representing the respondents/opposite parties submits that through the application under Order XXXIX Rules 1 and 2 read with Section 151 of the Code of Civil Procedure the respondents/defendants had prayed for repair of the said resort which is the property in issue and in addition to the petition seeking repair another application being Order XXXIX Rule 7 was also filed which had been disposed of by appointing an Advocate Commissioner and the said Advocate Commissioner has filed his report dated 28.10.2024. Against the said report of the commissioner no objection had been raised and thereafter, after hearing the learned counsels the application dated 22.07.2024 under Order XXXIX Rules 1 and 2 read with Section 151 of the Code has been allowed.
Relying upon the aforesaid submission the learned counsel submits that there is no procedural abnormality conducted by the learned Trial Court, as such, impugned application does not require any interference and the civil revision is to be set aside also as it is not maintainable. As regard to admissibility the present civil revisional application is admissible as the petitioner/plaintiff has preferred this application under Article 227 of the Constitution of India. Considering the revisional application and the documents including the orders dated 21.08.2024, 27.09.2024, 18.10.2024 and 28.10.
2024 it transpires that the Advocate Commissioner was appointed and on the submission of the report of the Advocate Commissioner as there had been no objection the said report of the Commissioner was accepted and after hearing the learned counsels representing both the parties the impugned orders have been passed. The words "heard both sides" mentioned in the order dated 28.10.2024 signifies that both the learned counsels representing the parties were heard and the provision of audi alteram partem has been abided by. In such circumstance the impugned order in the mind of this Court does not require any interference and, as such, the present civil revision is disposed of.
The learned Trial Judge is requested to hear the application filed by the plaintiff dated 23.01.2024 under Order XXXIX Rules 1 and 2 read with Section 151 of the Code of Civil Procedure at the earliest without granting any unnecessary adjournments. (Supratim Bhattacharya, J.)