Calcutta High Court (Appellete Side)
Pradip Kumar Giri And Others vs Sri Siddheswar Giri And Others on 10 November, 2014
Author: Sanjib Banerjee
Bench: Sanjib Banerjee
1 AD-34 November 10, 2014 md.
C.O. 3094 of 2014 Pradip Kumar Giri and others Vs. Sri Siddheswar Giri and others Mr. Hiranmay Bhattacharyya Mr. Tanmoy Mukherjee Mr. Raghunath Das ... for the petitioners Mr. Jiban Ratan Chatterjee Mr. Soumen Dutta .. for the opposite party No.1 (Vakalatnama not supplied) The grievance of the petitioning plaintiffs is that the trial Court and the appellate Court have failed to take appropriate steps for the removal of fences allegedly put up by the first defendant in a common pathway that impedes the plaintiffs' access to the main road by using such pathway.
The first defendant is represented and says that a Commissioner was appointed by the trial Court and a report has been filed with a map appended thereto, but the Commissioner's report has not been taken on record in view of the objection filed thereto by the first defendant. The first defendant claims that he has put up 2 a fencing or two on his land and not on any common pathway.
The plaintiffs refer to the written statement used by the State in the trial Court where the State has confirmed plot no.678 to be a common pathway. The plaintiffs demonstrate, by referring to the map submitted by the Commissioner in the trial Court, that two blocks have been put up by the first defendant on the common pathway in front of the boundary between premises no.357 and premises no.356 and another between premises no.354 and premises no.353. Since the plaintiffs' grievance appears to be corroborated by the report of the Commissioner and the map relied upon by the Commissioner, it is necessary that the Commissioner's report and objections relating thereto be first decided upon before appropriate measures can be taken by the trial Court. Accordingly, C.O.3094 of 2014 is disposed of by requesting the trial Court to consider the receipt of the report of the Commissioner, including any objection thereto, as expeditiously as the business of that Court would permit and, preferably, within two months of the date of receipt of this order. In the event the 3 Commissioner's report is accepted and the map appended thereto is found to be in order, it will be open to the trial Court to take appropriate steps in accordance with law uninfluenced by the orders impugned herein. 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.)