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IN THE HIGH COURT AT CALCUTTA, CIRCUIT BENCH JALPAIGURI
AJOY KUMAR MUKHERJEE
Rachana Pradhan – Appellant
Versus
Shalla Sultan Plant – Respondent
JUDGMENT :
AJOY KUMAR MUKHERJEE, J.
1. Present application under article 227 of the constitution of India has been preferred challenging order no.55 dated 08.06.2023 passed by learned Civil Judge (Senior Division), Darjeeling in Title Suit No. 07 of 2021.
2. The petitioner herein as plaintiff filed an application under order XI rule 12 of the code of the Civil Procedure (CPC) before the court below, with a prayer for direction upon the defendant to produce building plan as allegedly approved by the Darjeeling Municipality in favour of defendant in respect of his construction over the disputed property. The defendant/opposite party herein filed written objection against the said Application contending that the construction was made by the defendant long back and plaintiff with a mala-fide intention has filed the Application, though the instant case has got no relation with construction of any building. Hence the question of production of approved building plan by the defendant does not arise.
3. Learned court below upon hearing both the parties found that the defendant in her written objection to the injunction Application at paragraph 20 has stated that the construction as alleged by t
Court dismisses writ petition due to existing civil suit regarding unauthorized construction, emphasizing the importance of not duplicating legal proceedings.
The court emphasized the importance of considering the case on its own merits based on the details specified in the show cause notice and expediting the appeal process.
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