Calcutta High Court (Appellete Side)
Pranab Chatterjee vs Pradip Kumar Chatterjee & Anr on 16 July, 2015
Author: Shivakant Prasad
Bench: Shivakant Prasad
1 16.07.2015 Sl. No.4 ad C.O 3901 of 2013 Pranab Chatterjee Vs. Pradip Kumar Chatterjee & Anr.
Mr. Sukanta Chakrabarty,
Mr. Sakabda Roy
......... For the petitioner
Mrs. Chandramala Mukherjee
......... For the O.Ps.
This application is directed against the order No.39 dated April 9, 2013 passed by the learned Judge, 2nd Bench, City Civil Cou9rt, Calcutta in Title Suit No.3093 of 2009 on the ground that the learned court below has erred in law and in fact by allowing the application for local inspection of the suit premises during the pendency of the Title Suit No.3093 of 2009 with a view to fish out the evidence.
It is pointed out by the learned Counsel for the petitioner that the petitioner's mother, since deceased, was an old and ailing lady and used to stay on the ground floor in terms of the 'Will' of the father of the parties. Accordingly, the petitioner has prayed for setting aside the impugned order as it is bad in law and in fact.
Having heard the learned Counsel for the opposite parties it is understood that the learned Commissioner has already held local 2 inspection and has submitted his report which is pressed in service before this court.
The points for local inspection has been stated at page 43 of the application as to inspect and report with regard to the actual physical possession of the suit floor with present position and condition and any other feature and the mode of user.
The fact remains that the report has been submitted before the learned trial Judge and an application for objection has also been filed on behalf of the present petitioner that may be considered by the learned trial Judge. But at this stage this court does not want to entertain the application under the provision of Art. 227 of the Constitution of India.
Thus, this application is disposed of and the parties are better advised to get the matter disposed of before the trial court on compromise in order to carry out the wishes of their parents in terms of the 'Will'.
(Shivakant Prasad,J.)