Calcutta High Court (Appellete Side)
Swapan Kumar Dewan vs Dipak Dewan on 5 December, 2019
Author: Shampa Sarkar
Bench: Shampa Sarkar
1 05.12.2019
srm C.O. No. 3907 of 2019 Swapan Kumar Dewan Vs. Dipak Dewan Mr. Tarak Nath Halder, Mr. Sagnik Chatterjee ...for the Petitioner.
Mr. Achyut Basu, Mr. B.N. Dutta, Ms. Punak Basu, Mr. Sonam Basu, Mr. Srikumar Chakraborty ...for the Opposite Party.
Vakalatnama filed by the opposite party is taken on record. This is an application filed by the plaintiff in a suit for declaration and injunction being Title Suit No.64 of 2019. The petitioner/plaintiff is aggrieved by the order dated July 3, 2019 and November 5, 2019 passed by the learned Civil Judge (Junior Division) Additional Court at Saldah, District South 24‐Paraganas. The application of the plaintiff/petitioner under Section 151 of the Code of Civil Procedure praying for appointment of a Civil Engineer to oversee the repair work on the "C" schedule property. By order dated July 3, 2019 the learned court allowed the repair in respect of Schedule "C" under the possession of the opposite party/defendant. By order dated November 5, 2019 the Section 151 application was rejected.
2It is contended by the petitioner that because the dwelling house is an old building and the area sought to be repaired was a part of a common terrace any repair continued on the "C" schedule property might endanger the other portion of the terrace and that is why a Civil Engineer was required to oversee the repair work.
Mr. Basu, learned Advocate appearing on behalf of the opposite party, submits that most of the repair work is over and the repair work has not affected the portion belonging to the petitioner.
However, the prayer of the petitioner is very innocuous. The petitioner is entitled to an order for appointment of a Civil Engineer to supervise the repair work at the cost of the plaintiff/petitioner.
Learned Court below is directed to pass necessary orders appointing a Civil Engineer of his choice from the enlisted Engineers available to the Court. The petitioner will take steps.
Let such appointment be made within two weeks from date of communication of this order and the repair work should be completed within a month thereafter. The petitioners will not cause any further impediment to such work and the Civil Engineer will do the necessary supervision.
This revisional application is, thus disposed of. 3 There will be, however, no order as to costs. Urgent photostat certified copy of this order, if applied for, be given to the parties on priority basis.
Liberty is granted to the parties to communicate this order.
(Shampa Sarkar, J.)