Mangala Majumder vs Amarnath Majumder & Anr

Shampa Sarkar, J

The petitioner is the plaintiff in Title Suit No.70 of 2006, pending before the learned Civil Judge (Junior Division), 2nd Court at Midnapore,

District-Midnapore (West). The suit is for declaration of right, title and interest of the plaintiff in respect of the “A†and “C†schedule

property.

That the petitioner filed an application under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure. The said application was disposed of by the

learned Civil Judge (Junior Division), 2nd Court at Midnapore, directing both the parties to maintain status quo as regards possession in respect of the

“A†and “C†schedule property. That the written statement was filed by the defendants/opposite parties within November 30, 2018 as per the

liberty granted by the Hon’ble High Court. That on January 31, 2019, the petitioner filed an application praying for leave to construct on the first

floor for the existing ground floor on “A†schedule property as per the sanction plan of the municipality. That the said application is pending

disposal.

The petitioner prays before this Court that the learned Court below may be directed to dispose of the said application expeditiously.

Having gone through the records of the case and in view of the pendency of the application for construction for one year, this revisional application is

disposed of with a request upon the learned Civil Judge (Junior Division), 2nd Court at Midnapore to dispose of the application dated January 31, 2019

in accordance with law after giving an opportunity to contesting defendants to file their written objection as a last chance. Once such written

statement is filed within the date fixed by the learned Court below the application should be heard on its own merits and in accordance with law within

the period of one month thereafter.

This direction shall not be construed as an observation on the merits of the application which has been filed by the petitioner and the same shall be

decided by the learned Judge independently upon hearing the contention of both the parties.

This revisional is, thus, disposed of.

There will be, however, no order as to costs.

The learned Advocate-on-record for the petitioner is directed to serve a copy of this application along with a server copy of this order upon the

opposite parties within a week from date.

Urgent photostat certified copy of this order, if applied for, be given to the parties on priority basis.