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2008 Supreme(Cal) 769

Tapan Mukherjee
Krishna Chandra Dutta – Appellant
Versus
Pacher Pally Durga Puja Committee, Arambagh – Respondent


Advocates Appeared:
Anadi Banerji, Aniruddha Chatterjee, Bivash Banerji, D.Mukherjee, S.P.Roychowdhury,

JUDGMENT:

1. THIS revisional application is directed against the order No. 18 dated 4. 10. 2007 passed by the Learned Civil Judge (Junior Division), 2nd Court, Arambagh in T. S. No. 44 of 2007 granting defendants / respondents liberty to perform Saradiya Durga Puja each year in the suit Kha schedule property till disposal of the suit subject to the condition that the defendants would restore the previous condition of the suit property, i. e., "kha" schedule property soon after the completion of such Durga Puja and thus disposing of the defendants" application under Section 151 C. P. C.

2. IT has been contended by the learned lawyer for the petitioners/plaintiffs that the plaintiffs and the proforma defendants are the owners of the suit property and the plaintiffs are in possession of the suit Kha schedule property by way of arrangement amongst cosharers. The defendants were given permission to perform such Durga Puja in the Kha schedule property for 7 years with a condition to restore the previous character of the said property. But the defendants are making unauthorized interference in erecting certain buildings by the plaintiffs over Kha schedule property as per the sanctioned pla









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