Calcutta High Court (Appellete Side)
Udayan Basu vs Dr. Parimal Banerji & Anr on 23 March, 2015
Author: Harish Tandon
Bench: Harish Tandon
1
01 23.03.15 C.O. 230 of 2015
akd
Udayan Basu
Vs.
Dr. Parimal Banerji & Anr.
--------
Mr. Kaushik Dey.
... for the petitioner.
Mr. Anubhav Sinha, Mr. Ranjit Munshi.
... for the opposite parties.
Mr. Ricky Roy.
... the Special Officer.
Pursuant to the order dated 19th March, 2015, the Special Officer appointed by this Court submits the report. Copy of the same is handed over to the learned advocates for the respective parties in terms of the permission granted by this Court. Let the said report be kept with the record.
The report reflects that the tenanted premises requires repair, as the plasters are piling off from the ceiling and there are cracks visible on the walls. The plaintiff apprehends that in the garb of repair, the defendant may undertake such works, which may amount to addition and alteration.
The aforesaid apprehension can be sufficiently taken care of, if the repairs are effected in presence of the Special Officer appointed by this Court.
This Court, therefore, request Mr. Ricky Roy, the Special Officer, to supervise the repair works as and when undertakes by the defendant/petitioner and 2 shall see that apart from the patching works the defendant should not be allowed to make any addition and alteration in the suit-premises.
The defendant shall intimate the Special Officer before undertaking the repair works and commence the same in his presence.
The Special Officer shall visit the suit-premises from time to time and after completion of the said repairing works shall submit report in the Trial Court. The said report shall be taken on record for limited purposes i.e. the repairs being effected in the suit- premises and not for any other purposes.
The final remuneration of the Special Officer is fixed by 400 GMs. to be paid by the defendant/petitioner before the commencement of repair works.
The suit is at the stage of first hearing; as the Court is required to frame issues, this Court expects the Trial Court to make its utmost efforts to dispose of the suit as expeditously as possible without granting unnecessary adjournments to either of the parties and preferably within six months from the date of the communication of this order.
Needless to mention that the defendant/petitioner should not unnecessarily
prolong and enlarge the repair work and all efforts should be made to complete the same within one month from the date of commencement thereof.
It is further made clear that the repair works shall be done as indicated by the Special Officer in his 3 report and not beyond it.
With the above observations, the revisional application is disposed of.
There will be no order as to costs.
(HARISH TANDON, J.)