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2015 Supreme(Cal) 669

ASHOKE KUMAR DASADHIKARI
Gopal Chandra Ghosh – Appellant
Versus
Tinkari Ray – Respondent


Advocate Appeared:
For the Petitioner:Mr. Gopal Chandra Ghosh, Mr. Sanjib Kumar Mukhopadhyay, Mr. Sunirmal Khanra and Ms. Kalpita Paul, Advocates.
For the Opposite Party :Mr. Buddhadeb Ghoshal, Advocate.

JUDGMENT :

Ashoke Kumar Dasadhikari, J.

Order impugned dated 13th January, 2014 passed by the learned Judge, Second Bench, City Civil Court at Calcutta in Title Suit No.824 of 2012 rejecting the application filed by the petitioner under Section 151 of the Code of Civil Procedure praying for an order directing the defendant/opposite party to remove the padlock or any other resistance from the gate of the common passage so that the petitioner/plaintiff/tenant may get free access to the suit property from main road forthwith, failing which direction may be given to the officer-in-charge, Burtolla police station to remove the same and to give free access to the plaintiff for ingress and egress to the suit property from the main road.

2. The brief facts, which have come out from the pleadings and materials available on record, reveal that the plaintiff is a tenant in respect of two bed rooms, one varandah, common bath and privy along with free ingress and egress through the door on the eastern side of the varandah together with other facilities and amenities attached thereto are on the ground floor at premises No.21/D, Principal Khudiram Bose Road, Calcutta-700006, police station Burtolla.






































































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