Sl.13 11.09.2026 Court No.6 BP C.O. 3080 of 2026 Sundar Dhanuk -versus- Mukesh Dhanuk Mr. Asis Bhattacharyya Mr. Binod Kumar Sana Mr. B. Mitra ..for the petitioner Mr. Rabindranath Mahato Mr. Aritra Shankar Roy ..for the opposite party This application under Article 227 of the Constitution of India is at the instance of the defendant and is directed against an order being no.16 dated 27th March, 2026 passed by the learned Civil Judge (Junior Division), 1st Court at Howrah in Title Suit No. 701 of 2024. By the order impugned the learned trial judge allowed the repairing of the shop room in the presence of the advocate commissioner. The learned advocate appearing for the petitioner submits that the opposite party is a trespasser in respect of the property and the petitioner has already filed a suit for eviction. He further submits that there is no necessity to effect repairs in the property in question. He further submits that the opposite parties shall create disturbances in the peaceful possession of the petitioner 2 in respect of the property in question while undertaking such repairing work. After going through the impugned order this Court finds that the learned trial judge has appointed an advocate commissioner on condition that the nature and character of the suit room shall not be changed by making any new construction. Only repairing, plastering and painting has been permitted. The time limit for completion of the repairing work has also been stipulated therein. It was also observed that no equity can be claimed as a result of undertaking such repairing work. Thus, this Court finds that the learned trial judge has protected the interest of the petitioner in all possible manner. The impugned order does not suffer from any infirmity warranting interference under Article 227 of the Constitution of India. Accordingly, C.O. 3080 of 2026 stands dismissed. There shall be, however, 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.)