Subarna Roy v. The Deputy Commissioner And ANR

IN THE HIGH COURT AT CALCUTTA

Constitutional Writ Jurisdiction Appellate Side [ CIRCUIT BENCH AT PORT BLAIR ] ...

WPA/852/2022 Subarna Roy ... Petitioner Vs.

The Deputy Commissioner and others ... Respondents Mr. K. Sabir ... for the petitioner Mr. V.D.Sivabalan Mr. M. Laxmanan ... for the Administration Mr. K. Vijay Kumar ...for the Pvt.respondent December 19, 2022 [SR] Item No.8 The order dated 2nd August, 2022 passed by the Deputy Commissioner, South Andaman District is a subject matter of challenge.

The petitioner and the private respondent are the first and second wife of the deceased Sreepada Roy. The private respondent obtained a decree ex parte in T.S.No.4 of 2001 against the petitioner and got his name mutated in the record of rights in respect of particular property. The writ petitioner also filed T.S.No.193 of 2013 before the learned Civil Judge Senior Division, Port Blair and obtained an ex parte decree against the private respondent. The private respondent had approached a Coordinate Bench in WP/234/2021 and by an order dated 20th September, 2021, the private respondent was advised to file

an application under Order IX Rule 13 of the C.P.C. The said application is since pending.

The petitioner complains that the Deputy Commissioner, South Andaman has mutated the name of the private respondent against the property in question, contrary to the civil decree obtained by his client in T.S.No.193 of 2013.

Admittedly therefore two wives of Late Sreepada Roy have ex parte decrees in their favour. The private respondent's application under Order IX Rule 13 is therefore required to be disposed of by the learned Civil Judge Senor Division at Port Blair.

If the private respondent succeeds in the application, the order impugned dated 2nd August, 2022 passed by the Deputy Commissioner shall accordingly abide by such decree or an order that may be passed in the civil suit in question. Till such time, the private respondent's application under Order IX Rule 13 is not disposed of, the impugned order dated 2nd August, 2022 shall not be given effect to. WPA/852/2022 stands disposed of 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.

( Rajasekhar Mantha, J. )