D/L- 35 28/08/2026 Ct. No.- 6 Aritra C.O. 2874 of 2026 Sasanka Sekhar Achariya @ Sasanka Achariya Vs. Sankar Achariya & Ors. Ms. Rita Patra Mr. Subhamoy Dutta ….for the petitioner Mr. Sukanta Das ….for the O.P. No.1 This application under Article 227 of the Constitution of India is at the instance of the plaintiff and is directed against an order being No.15 dated July 17, 2026 passed by the learned Civil Judge (Sr. Div.), 1st Court, Sadar, Paschim Medinipur in Title Suit No.580 of 2024. By the order impugned the application filed by the defendant no.1 to raise construction with Government Fund stood allowed. The learned advocate appearing for the petitioner submits that the property is a joint property and plaintiff and the defendants are co-sharers in respect of the suit property and each of them have right over every inch of the property. She further submits that an order of status quo is in subsistence and during the subsistence of the order of status quo the opposite party no.1 prayed for permission to make a construction which was allowed by the learned trial judge. She further submits that the opposite party no.1 is trying to make construction over the best portion of the suit property. The opposite party no.1 has prayed for permission to raise construction of a house measuring 2 about 561 sq. ft. as per the model plan with the funds sanctioned under the Bengal Abas Yojona. It is not in dispute that the opposite party no.1 is a co-sharer in respect of the property in question. No materials have been produced to show that such construction is sought to be made in excess of the share to which the opposite party no.1 may be entitled to. The learned trial judge after considering the materials on record allowed the prayer of the opposite party no.1. This Court is not inclined to interfere with such order granting permission to the opposite party no.1 to make construction. It is, however, made clear that the opposite party no.1 shall not be entitled to claim any equity at the time of allotment of the portion of the property for the construction that may be raised by him pursuant to the permission granted by the learned trial judge in the order impugned. With the aforesaid observations, CO 2874 of 2026 stands disposed of. There will be no order as to costs. All parties shall act on the server copy of this order duly downloaded from the official website of this Court. (Hiranmay Bhattacharyya, J.)