Trilok Lall And ANR v. Shri.Deepak Lall

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] *** CO/62/2025 Trilok Lall and Another Vs Shri Deepak Lall Mr.Gopala Binnu Kumar Mrs. Vinita Devi ... for the petitioners November 4, 2025 [AKB] Item No.5 Both the petitioners and the respondents in the instant application are brothers disputing their rights in the parental land transferred in their favour through a gift deed executed by the father of both the parties who is still alive. The Joint Civil Judge, Senior Division, South Andaman District at Port Blair had directed the petitioners herein to restore water supply through the water pipe line destroyed by the petitioners to the predicament and prejudice of the defendant-respondent herein.

The learned advocate representing the petitioners submitted the respondent did not reside in the disputed premises since October, 2024 and the allegations against the petitioners were unfounded and false. The water supply could not have been restricted by the petitioners since such amenity had been provided by Port Blair Municipal Council issuing receipts in the name of the father and not the disputants. Accordingly the restoration of water supply was beyond the capacity of the petitioners to ensure effectivity.

It was further submitted that a compliance report had to be submitted before the Trial Court by 07.11.2025. There are certain photographs on record which portray damage of water pipe line and the respondent has claimed restoration of the same before the Trial Court to enable unhindered flow of water through the same to sub serve the necessity of the respondent.

The instant revisional application is disposed of with a direction that the Trial Court will call a report from the concerned authorities as well as the Aberdeen Police Station as to whether the respondent residing in the disputed premise has been disadvantaged through discontinuance or disruption of water flow through the pipe line within a period of fifteen days from the date of passing of this order.

The learned Trial Court is to direct the concerned authorities to file a compliance report before the same and adjudicate the issue in question afresh upon notice to the respondent herein.

The impugned order dated 15.09.2025 and consequent orders passed in the Title Suit No. 272 of 2024 are set aside. CO/62/2025 is accordingly disposed of.

(Ananya Bandyopadhyay, J.)