Calcutta High Court (Appellete Side)
Dr Dulalendu Chatterjee vs Smt Madhuri Dutta And Another on 27 August, 2014
Author: Sanjib Banerjee
Bench: Sanjib Banerjee
1 Serial No.20.
August 27, 2014.
SG CO No.2698 of 2014 Dr Dulalendu Chatterjee
-versus-
Smt Madhuri Dutta and another Mr Amal Krishna Saha Mr Siddhartha Roy ... for the petitioner.
Mr Arnab Dutt ... for the opposite parties.
The grievance of the petitioner is that an application for undertaking immediate repair work at the suit premises has been declined by the trial court.
The plaintiffs are represented and have taken a fair stand. The plaintiffs say that no structural changes should be allowed to be made and in the garb of an order for repairing the suit premises, the petitioner should not be permitted to change the nature and character thereof.
Since it appears that the repair work sought is for the meaningful occupation of the suit premises by the petitioning defendant, appropriate safeguards can be put in place if the petitioner is allowed to undertake the repair work. CO No.2698 of 2014 is disposed of by setting aside the order impugned dated May 15, 2014 insofar as it rejected the petitioning defendant's application under Section 151 of the Code for undertaking repair work at the suit premises. The matter is remanded before the trial 2 court for the trial court to allow the repair work to be undertaken against any safeguards that the trial court may impose, including the appointment of a commissioner, at the cost of the petitioning defendant, to supervise the repair work.
The exercise of repairing the suit premises should not delay the trial of the suit in view of the previous direction of this court.
There will be no order as to costs.
Certified website copies of this order, if applied for, be urgently made available to the parties, subject to compliance with all requisite formalities.
(Sanjib Banerjee, J.) 3