SK. WASIM RAJA AND ORS AND ORS v. KAMAL DAS AND ORS
CO/963/2025 · 2025-03-19
Hiranmay Bhattacharyya
body2025
DailyLaw.ai
[ 2025 DAILYLAW 15421 (CAL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 15421 (CAL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
19.03.2025 Item no. 35. Court No.6. AB C. O. 963 of 2025
Sk. Wasim Raja & Others Vs Sri Kamal Das & Others
Mr. Sib Nath Ganguly …..for the Petitioners.
This application under Article 227 of the Constitution of India is at the instance of the plaintiffs and is directed against the order no.31 dated January 14, 2025, passed by the learned Civil Judge (Junior Division), 1st Court at Barrackpore in Title Suit No.85 of 2021. By the order impugned, the learned Trial Judge refused to accept the Commissioner’s report. After going through the report of the Commissioner, this Court finds that the learned Commissioner did not verify the fixed points with reference to the mouza map. The final report was also not accompanied by the mouza map. In the said report, it has been stated that the mouza map was supplied after the commission work. This Court fails to understand as to how the commission work could have been conducted in the absence of mouza map. The learned Trial Judge assigned cogent reasons for not accepting the Commissioner’s report.
2 For all the reasons as aforesaid, this Court is not inclined to interfere with the order impugned. It will be open to the petitioners to take recourses under the relevant provisions of the Code of Civil Procedure in this regard. C. O. No.963 of 2025 stands, accordingly, dismissed.
Urgent photostat certified copy of this order, if applied for, be supplied expeditiously after compliance with all the necessary formalities.
(Hiranmay Bhattacharyya, J.)