Amita Adhikary vs Prabhat Das - 2022 Supreme(Cal) 1376

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(Cal) 1376

SUBHASIS DASGUPTA
Amita Adhikary – Appellant
Versus
Prabhat Das – Respondent

Advocates Appeared:
For the Petitioner: Mr. Pinaki Ranjan Mitra.
For the Opposite Party : Mr. Nilanjan Bhattacharjee, Mr. Abhilash Chatterjee, Mr. Saikat Dey.

JUDGMENT :

1. The subject-matter of challenge in this case is against the order dated 23rd September, 2022, passed by learned Civil Judge (Junior Division), 1st Court, Howrah, of Title Suit No.989 of 2022 partly allowing the local inspection thereby declining to allow local inspection to be held with respect to Serial no.’b’ and ‘c’, as disclosed in the schedule of points for local inspection.

2. Mr. Mitra, learned advocate appearing for the petitioner adverting to paragraph-‘9’ of the injunction application submits that there has been allegation raised against the defendant/petitioner that defendant has been trying to take forcible possession in respect of the northern part of the schedule noted suit property by demolishing the northern side boundary wall lying over the schedule noted suit property, and also illegally trying to cause damage to the building materials gathered within the suit property.

3. Upon furnishing such inputs, as disclosed in paragraph-‘9’ of the injunction application mentioned hereinabove, Mr. Mitra submits that opposite party/plaintiff has gathered materials for construction, and already undertaken pilling work for the proposed construction, as a result of wh

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