Kuldeep Kaur v. Shiv Ratnam And ORS

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] ...

CO/50/2023 Smt. Kuldeep Kaur ... Petitioner Vs.

Shri Shiv Ratnam & Ors. ...Respondents Mr. Lokesh Chezian N ... for the Petitioner October 11, 2023 [ M.A.Mobin] Item No.5 The present petitioner is a plaintiff of a Title Suit being No.132 of 2010. The Title Suit was preferred for partition and recovery of possession in respect of suit lands. The preliminary decree was passed on 29th September, 2016. After such preliminary decree the Tehsildar, Port Blair Tehsil was appointed as a Commissioner to effect partition regarding the shares declared by the Court in respect of the plaintiff by virtue of the Preliminary Decree. The Writ was handed over to the Commissioner i.e. the Tehsildar, Port Blair Tehsil. The report of the Tehsildar is yet to be received by the learned Trial Court. Consequently, the instant suit was stalled before the learned Trial Court.

Now, the petitioner/plaintiff is before this Court for necessary direction.

It appears that the instant suit was filed in the year 2010. The preliminary decree was passed in the year 2016. The disposal of a Suit can not depend upon the whims and fancy of the Tehsildar. After receiving the writ of commission for partition, the Tehsildar shall have no option but to conduct the partition. Lapse on behalf of the Tehsildar is considered to be unreasonable which may warrant exemplary action.

Considering the long pendency of the instant suit the learned Civil Judge, Senior Division, Port Blair is directed to issue a specific direction upon the Tehsildar, Port Blair Tehsil informing that the matter has been moved before this Court by the plaintiff for expeditious disposal of the instant suit.

Learned Civil Judge, Senior Division, Port Blair is further directed to communicate the Tehsildar so that the report may be reached to the Court positively within 12 weeks from the date of receipt of the order.

The direction of the Civil Judge, Senior Division, Port Blair upon the Tehsildar shall coupled with a copy of the instant order.

Let a copy of this order be served upon the learned Civil Judge, Senior Division, Port Blair through the Registry for proper compliance.

On the above observation the instant CO 50 of 2023 is disposed of.

(Subhendu Samanta, J.)