Minakshi Mukherjee & Anr vs Ram Prosad Mukherjee & Ors

The respondents pray for an extension of time to file the affidavit-in-opposition.

The time is extended. Let the affidavit-in-opposition filed today be kept with the record. The copy of the affidavit-in-opposition has already been served upon the appellants.

The appellants are directed to file reply within a week from date.

However, the learned Advocate for the appellants point out that taking advantage of the time taken for filing the affidavit-in-opposition, the respondents have constructed a wall blocking the passage meant for egress and ingress to the property of the appellants. The photograph claimed to have been taken recently are produced before us evincing the existence of a wall of recent origin.

Let the photographs produced by the appellants be kept with the record in a sealed cover.

On the last occasion, it was communicated to the learned Advocate-on-record of the respondents that no further steps should be taken pending the appeal as the respondents chose to file affidavit-in-opposition. Though the respective counsel are at variance yet we feel that the brazen attempt on the part of the respondents in constructing the wall taking advantage of the time taken for filing the affidavit-in-opposition, should be nipped in bud.

We, therefore, appoint Mr. Sibasis Ghosh, a practicing Advocate of this Court, as a Special Officer who shall visit the spot and secure the demolition of the wall as shown in the photographs produced by the appellants.

The Special Officer shall be at liberty to approach the local police station in the event of any resistance being caused and the moment the approach is made, the concerned Officer of the police station shall render all assistance and cooperation to the Special Officer in carrying out the directions passed hereinabove.

The initial remuneration of the Special Officer is fixed at 1,000 G.M.s (One thousand Gulmohors) to be paid by the respondents. Apart from the same, the Special Officer shall be paid the charges for engaging the mason and such charges shall be paid by the appellants.

The Special Officer shall submit the report on the returnable date.

The matter is made returnable on February 6, 2020.

Let the plain copy of this order, duly countersigned by the Assistant Court Officer be given to the Special Officer without usual undertaking.

The Special Officer submits that he will visit the spot on Saturday i.e. February 1, 2020 at 12.00 noon and, therefore, no further notice is required to be served on the parties.

Both the counsel are directed to cooperate and assist the Special Officer and will also provide conveyance for reaching the spot.