C.O. 4116 of 2025 15.09.2026 Ganga Halder & Anr. ct.652, sl.10 vs sk Ganga Halder @ Ganga Charan Halder & Ors. Mr. Sounak Mandal …for the petitioner 1. Affidavit of service filed by the petitioners is taken on record. 2. In spite of service, none appears on behalf of the opposite parties. 3. This is a revision by the defendant nos. 1 & 12 in Title Suit No. 159 of 2023 now pending in the Court of learned Civil Judge(Senior Division) at Diamond Harbour, challenging an order of the Court dated June 24, 2025 in the said suit. 4. The matter, inter alia, relates to prayer of the petitioner/opposite party made before the learned Trial Court under Section 151 of the Code of Civil Procedure seeking permission to repair the pathway situated in the suit property. 5. Learned advocate while appearing for the defendant nos. 1 and 12/present petitioner has categorically submitted that there is no pathway within the suit property as claimed and to this effect the said defendants have raised specific 2 objection in their written statement filed in the suit. 6. He has pointed out to the portion of the written statement at which the defendants as above have categorically raised objection as to the claim of the plaintiff, regarding existence of any pathway within the suit premises. 7. Allegedly, the learned Trial Court, without considering such objection made by the defendants as above, has proceeded to allow the prayer of the plaintiff under Section 151 of the Code of Civil Procedure, for repairing a pathway, which is not in existence. 8. Having considered the facts and circumstances of the case and having perused the documents on record, it appears that the learned Trial Court should have carefully considered the objection raised by the defendants as above in their written statement and allowed adequate opportunity of hearing to the said defendants before passing any order in terms of prayer of the plaintiff in their petition under Section 151 C.P.C. 9. Hence, let this matter be remanded back to the learned Trial Court with direction that the petition filed by the plaintiff under Section 151 3 C.P.C. dated April 21, 2025 be heard afresh, in presence of the plaintiff as well as the defendant nos. 1 and 12. 10. Consequently, the portion of the impugned order dated June 24, 2025, directing for repairing any pathway in the suit property, thereby allowing plaintiff’s prayer vide application dated April 21, 2025, is hereby set aside. 11. Learned Trial Court shall come an independent finding upon consideration of records and submissions of the parties made before it, without being influenced by any of the observation of this Court in the instant order. 12. The instant revision is allowed and disposed of. (Rai Chattopadhyay, J.)