Calcutta High Court
Arati Ghose & Ors vs Satyanarayan Tripathi & Ors on 9 June, 2011
Author: Sanjib Banerjee
Bench: Sanjib Banerjee
GA No. 1642 of 2011
CS No. 127 of 2011
IN THE HIGH COURT AT CALCUTTA
Ordinary Original Civil Jurisdiction
ORIGINAL SIDE
ARATI GHOSE & ORS.
Versus
SATYANARAYAN TRIPATHI & ORS.
Appearance
Mr. Pratap Chatterjee, Sr. Advocate
Mr. Samrat Sen, Advocate
BEFORE:
The Hon'ble JUSTICE SANJIB BANERJEE
Date : 9th June, 2011.
The Court : The plaintiffs have a decree against the defendant no. 1 in respect of a portion of premises no. 12, Shakespeare Sarani. The second and third defendants are the sons of the first defendant.
The plaintiffs say that in an attempt to delay or defeat the execution proceedings, the defendants have put their padlocks on another portion of the premises without having any authority to be in possession thereof or enjoy the same. The plaintiffs say that unless an ex parte order is made for a Special Officer to go and inspect the premises and file a report, the defendants would take steps to falsely show that the defendants have been enjoying the property.
2
The plaintiffs refer to the schedule to the plaint and Annexure-
"A" at page 41. According to the plaintiffs, the blue-marked rooms indicated at the top of the page reflect the first floor of the outhouse and the inverse L-shaped construction indicated in the lower half of the page is the ground floor of the outhouse with empty rooms. The plaintiffs say that four of the rooms and a toilet have been locked by the defendants.
Mr. Arif Ali, Advocate is appointed Special Officer for the purpose of immediately proceeding to premises no. 12, Shakespeare Sarani and making an inspection of the ground floor of the outhouse as indicated at page 41 of the present petition. The Special Officer will be paid an immediate remuneration of 800 GM by the plaintiffs. The Special Officer will file his report at the time that the matter next appears on June 14, 2011. The plaintiffs will serve the defendants after the Special Officer's visit.
Urgent certified photocopies of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities.
(SANJIB BANERJEE, J.) sg.