Smt. Indira Devi @ Indira Mohan v. Shri. Insan Mondal

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] *** CO/13/2023 Smt Indira Devi @ Indira Mohan Vs.

Shri Insan Mondal Mr. KMB Jayapal ... for the petitioner Mr. Arul Prasanth ... for the respondent April 21, 2023 [SR] Item No.2 The instant revisional application under Article 227 of the Constitution of India is at the instance of the plaintiff in a suit for eviction and is directed against the order No.103 dated April 3, 2023 passed by the Court of learned Civil Judge Junior Division-I, Port Blair in the said suit being Other Suit No.25 of 2012.

The learned Trial Judge, by the order impugned has dismissed an application filed by the plaintiff under Order 26 Rule 9 of the Code of Civil Procedure praying for investigation of the suit property.

Mr. Jayapal, learned advocate for the petitioner referring paragraph No. 4 of the written statement submits that the defendant in the written statement since has asserted that he is no more in possession of the suit property, the plaintiff felt it necessary to have an investigation of the suit property to prove the possession of the defendant over it.

Mr.

Prasanth, learned advocate for the defendant/opposite party on the other hand submits that the application of the plaintiff for holding local investigation of the suit property is highly malafide inasmuch as it has been filed after the conclusion of the argument of the defendant

that too without any reason. He emphatically submits that the defendant is still in possession of the suit property. He prays dismissal of the revisional application with exemplary costs.

Heard learned advocate for the parties, perused the materials on record.

The defendant is contesting the suit which signifies that he wants to protect his possession over the suit property. The paragraph No. 4 of the written statement does not indicate that the defendant is denying his such possession. The suit has reached a very matured stage, as such required to be disposed of as expeditiously as possible. The learned Trail Judge has rightly dismissed the said application of the plaintiff, the order impugned therefore, does not call for any interference. However, the learned Trial Judge is requested to bring the suit to its logical conclusion within a period of four months from the date of communication of this order and in doing so, shall not grant any unnecessary adjournments to either of the parties. CO/13/2023 is disposed of with the above terms, without any order as to costs.

All parties shall act on the server copy of this order duly downloaded from the official website of this Court.

Urgent certified copy of this order, if applied for, be supplied to the learned advocates for the respective parties upon compliance of usual formalities.

( Biswajit Basu, J. )