Calcutta High Court
Hubert Probhat Pereira vs Narayan Adhya And Ors on 17 August, 2015
Author: Soumen Sen
Bench: Soumen Sen
ORDER SHEET
GA No.2421 of 2015
With
CS No.427 of 2014
IN THE HIGH COURT AT CALCUTTA
Ordinary Original Civil Jurisdiction
ORIGINAL SIDE
HUBERT PROBHAT PEREIRA
Versus
NARAYAN ADHYA AND ORS.
BEFORE:
The Hon'ble JUSTICE SOUMEN SEN
Date : 17th August, 2015.
Appearance:
Mr. Biswanath Mitra, Adv.
Ms. Sujata Mitra, Adv.
Mr. Subhabrata Das, Adv.
Mr. S. Bose, Adv.
Mr. Yudhajit Guha, Adv.
Mr. K. Chakraborty, Adv.
Mr. K.S. Haque, Adv.
The Court : This application is filed by the defendants for modification of the order dated 18th February, 2015. The said application is primarily taken out for some monetary reliefs being extended to the defendants as the defendants say that some amount is required for their sustenance and some amount may be disbursed by the Receiver out of the rent collected. In spite of giving repeated opportunities to the defendants to appear and contest GA 2 No.3967 of 2014 arising out of CS No.427 of 2014, the defendants were not represented.
The prima facie view that I have taken at the time of passing this order is not being shaken by the averments made in the petition as well as the document disclosed in this proceeding. Even the earlier proceeding would show that the plaintiffs in such suit was unable to establish their rights over the properties. The order that exists, as on date, protect the interest of all the parties to the suit. This Court is informed that hearing of the suit has commenced.
Under such circumstances, I see no reason to modify my earlier order. The application stands dismissed.
It is made clear that I have not gone into the merits of this matter. The observations made in this order shall not be construed as a decision on merits which could influence the trial of the suit.
(SOUMEN SEN, J.) B.Pal