Extracted from the PDF above. The PDF is authoritative.
A1 03.03.2025 Court No.6 BP
C.O. 598 of 2024 With CAN 1 of 2024
Sk. Mosaddek Hossain & Ors. -versus- Sk. Bazlur Rahaman
Mr. Manas Kumar Das
… for the petitioners
Mr. Prasanta Bishal ..for the opposite party
Though this application is appearing under the heading “Extension of Interim Order” but with the consent of the learned advocates for the respective parties, the main civil revisional application is taken up for hearing. This application under Article 227 of the Constitution of India is at the instance of the defendants and is directed against an order dated 12th February, 2024 passed by the learned Civil Judge (Junior Division), 1st Court, Katwa in Title Suit No. 46 of 2023. The opposite party herein filed a suit for declaration of tenancy right. In such a suit the opposite party herein filed an application praying for
2 repairing of the suit premises. In connection with the said application local inspection was allowed. The commissioner submitted his report. After going through the said report this Court finds that there is necessity to undertake the repairing work as indicated in the application for repairs. The learned trial judge permitted the defendant/landlord of the opposite party herein to make necessary repairs in the suit property within the time limit as indicated in the said order. After going through the impugned order this Court finds that there is no infirmity in the said order. Learned advocate appearing for the petitioners submits that the petitioners could not undertake the repairing work within the time limit indicated in the said order. The learned advocate, upon instruction from his client, submits that one month time is required to undertake the necessary repairs. Learned advocate appearing for the opposite party does not oppose such prayer of granting one month’s time to the petitioners to undertake the repairing work. The petitioners are permitted to undertake the repairing work within a month from this date. With the above observations and directions, C.O. 598 of 2024 stands disposed of. Accordingly, CAN 1 of 2024 is also disposed of.
3 No order as to costs.
Urgent certified photocopy of this order, if applied for, be supplied to the parties expeditiously on compliance of usual legal formalities.
(Hiranmay Bhattacharyya, J.)