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2008 Supreme(Cal) 450

INDIRA BANERJEE, S.S.NIJJAR
Divine Grace Apartments Owners Welfare Association – Appellant
Versus
Mussammat Anis Fatma Begum – Respondent


Advocates appeared:
Ashok Barnerjee, Manju Manot, Bajrang Manot, for Appellants; Ashoke De, Nilay Sengupta, Aniruddha Chatterjee, Santanu Mukherjee, Koushik Bhattacharjee, for Respondents.

Judgement

INDIRA BANERJEE, J. :- This appeal is against an order dated 13th February, 2006 of the learned single Judge, disposing of the writ application being W.P. No. 133 of 2006 filed by the respondent No. 1, inter alia, by directing the respondent No. 4, being the Officer-in-Charge of Shakespeare Sarani Police Station, to open the padlock on the eastern gate of Premises No. 33, Shakespeare Sarani, Kolkatta-700 017, hereinafter referred to as the said premises.

2. Pursuant to a development agreement executed by and between the respondent No. 1 and M/s. Swastik Private Ltd., hereinafter referred to as the Developer, the Developer constructed a residential building and/or block, a commercial building and/or block and a small two-storied house at the said premises.

3. The respondent No. 1 has been allotted 4 flats in the residential block, two covering the entire first-floor, one on the second-floor and one on the third-floor. The respondent No. 1 has been residing at the two-storied house, behind the commercial block.

4. The appellant is an association of flat-owners, who own flats at the residential block at the said premises. Disputes appear to have arisen between the appellant and


































































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