Calcutta High Court (Appellete Side)
Madhusudhan @ Madhusudan Das vs Ashoke Banerjee & Anr on 10 May, 2018
Author: Patherya
Bench: Patherya
1
05/2018 F.M.A. 1302 of 2017
BD. +
CAN 12150 of 2017
+
CAN 12151 of 2017
Madhusudhan @ Madhusudan Das
-vs-
Ashoke Banerjee & Anr.
Mr. Dipankar Dandapath
Mr.Bhaskar Seth
... for the Appellant.
Mr. Prasanta Kumar Banerjee
... for the respondents.
Re : CAN 12150 of 2017 By order dated 21st September, 2010 Title Suit No. 181 of 2006 was dismissed. Being aggrieved by the said dismissal the appeal was filed before the Additional District and Sessions Judge, Fast Track Court, Serampore, Hooghly, in Title Appeal No. 73 of 2014. The said appeal was allowed by the order dated 22nd September, 2015 and by the said order the Appellate Court sent Title Suit No.181 of 2006 on remand before the Trial Court. Being aggrieved by this order of remand dated 22nd September, 2015 this First Miscellaneous Appeal has been filed by the defendant.
Let this application be disposed of and in the meantime let an order be passed restraining the landlords from demolishing the tenanted suit property or cause damage to the said suit property or dispossess the petitioner from the suit property without due process of law till disposal of the appeal.
In September, 2017 requisites have been deposited to bring the Lower Court records before this Court but in spite thereof no step has been taken.
Accordingly, let the Lower Court records be produced before this Court one week after the summer vacation.
2Let the paper books be filed within two weeks thereafter and the matter be listed before this Court on the next date of hearing four weeks from the reopening of the summer vacation.
As no affidavit-in-opposition has been filed, the allegation contained in the petition is not admitted.
In view of the aforesaid CAN 12150 of 2017 is disposed of.
Re : 12151 of 2017 By this application the applicant proposes to repair works in his tenanted room. The said particulars of the repair works proposed are set out in the schedule at page 7 of the application. Let such repair works be carried out only in respect of the said schedule works set out therein. The said repair works be carried out at the costs of the defendant/petitioner and will not create any equity in his favour. The repair works carried out is without prejudice to the rights and contentions of the parties.
In view of the aforesaid CAN 12151 of 2017 is disposed of.
As no affidavit-in-opposition has been filed, the allegation contained in the petition is not admitted.
Certified copy of this order, if applied for, be given to the parties on priority basis.
(Patherya, J.) (Biswajit Basu, J.)