Balbir Singh And Another v. Gyan Singh And ORS.

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] ...

CO/14/2021 Balbir Singh and others ... Petitioners Vs.

Gyan Singh and others ... Respondents Mrs. Anjili Nag ... for the petitioners Mr. KMB Jayapal ... for the respondents June 22, 2022 [AKB] Item No.4 This revisional application is directed against an order dated 5th April, 2021 whereby the Learned Trial Court has dismissed the application for appointment of a Commissioner.

This suit is for recovery of possession and has been pending since 2010. It is fairly admitted by the parties that an application for appointment of a Receiver is also pending before the Trial Court. By the impugned order, the Learned Trial Court has rejected the prayer for appointment of the Commissioner primarily on the ground that it would amount to a fishing and roving enquiry by a party. The application for Receiver is still pending before the Learned Trial Court and has not yet been disposed of. In view of the aforesaid, this application is disposed of by requesting the Learned Trial Court to dispose of the application under Order XL Rule 1 of the Code of Civil

Procedure, 1908 for appointment of a Receiver within a period of 8 (eight) weeks without being influenced by any observations in the impugned order.

With the aforesaid directions, CO/14/2021 stands disposed of.

( Ravi Krishan Kapur, J.)