NABANI DHAR SOW AND ANR v. POTIT PABAN SOW AND ORS
CO/3314/2025 · 2025-09-09
Hiranmay Bhattacharyya
body2025
DailyLaw.ai
[ 2025 DAILYLAW 39596 (CAL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 39596 (CAL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
13
09.09. 2025
Ct. No. 06
Ab
IN THE HIGH C0URT AT CALCUTTA CIVIL REVISIONAL JURISDICTION.
CO 3314 of 2025
Sri Nabani Dhar Sow and another Vs. Portit Paban Sow and others. ---------------
Mr. Partha Pratim Roy, Mr. Anirban Deb. … for the petitioners.
1. This application under Article 227 of the Constitution of India is at the instance of the defendant no. 1 and 2 challenging the order being no. 55 dated 22nd May 2025 passed by the learned Civil Judge (Junior Division) 1st Court at Bolpur, Birbhum in Title Suit No. 69 of 2016.
2. By the
order impugned, the prayer of the plaintiff/opposite party for giving electric connection to the old submersible pump of the plaintiff stood allowed.
3. Learned Advocate appearing on behalf of the petitioners submits that the electricity connection was in the name of the deceased father of the plaintiff and the defendant, namely, Sristidhar Sow, and the plaintiff cannot have an exclusive right to use the said connection for the purpose of running the submersible pump. He further submits that the submersible pump was in the name of the deceased father.
4. It is not in dispute that the plaintiff is also one of the heirs of Sristidhar Sow. The learned trial Judge allowed the electric connection to the old submersible pump. This Court does not find any reason to interfere with such order.
5. It is, however, made clear that the plaintiff/opposite party cannot claim any equity as a result of such
2
electric connection being given in his favour.
6. With the above observations, CO 3314 of 2025 is
disposed of.
7. There shall, however, be no order as to costs.
8. Urgent Photostat copy of this order, if applied for, be given to the parties on priority basis.
(Hiranmay Bhattacharyya, J.)