Item- 5. sg 09-09-2026 Ct. 6 CO 2621 of 2026 Tapan Ghosh Versus Prakash Jaiswal Mr. Prosenjit Mukherjee Ms. Sima Ghosh Mr. Saptarshi Chakraborty Mr. Rajdeep Bosu …for the petitioner Mr. Sibasish Ghosh Mr. Anit Das Mr. Dipankar Ghosh …for the opposite parties 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 18th June, 2026 passed by the learned Civil Judge (Junior Division), Barasat in Title Suit No. 661 of 2023. By the order impugned, the application under section 151 of the Code of Civil Procedure filed by the opposite party praying for permission to effect the repairing work of the suit shop room, stood allowed. Mr. Ghosh, learned advocate appearing for the petitioner submits that the copy of the application for repairing was never served upon the petitioner. He submits that without giving any opportunity of hearing to the petitioner, the application for repairs was allowed. He further submits that the application for repairing work did not contain any schedule of the repairing work to be undertaken. He submits that the condition of the suit shop is such that repairing work is not possible. Mr. Mukherjee, learned advocate appearing for the opposite party, disputes the submission of Mr. Ghosh. He submits that considering the fact that this is a rainy season, an 2 urgent repairing work of the suit property is necessary. Copy of such repairing application was served through post. He further submits that in the supplementary affidavit filed on 18th June, 2026, the schedule of repairing work has been mentioned. This Court finds that the prayer for effecting repairs of the suit property was allowed by an order dated 18th June, 2026. Even if it is accepted that supplementary affidavit contains the nature of repairing work to be undertaken, taking note of the fact that the supplementary affidavit was filed on the date fixed for passing of the impugned order, this Court is of the considered view that an effective opportunity was not afforded to the petitioner to consider the nature of repairing work sought to be made as stated in the supplementary affidavit. That apart, unless a clear picture of the suit property comes before the Court, the necessity to undertake repairing work cannot be decided. Without deciding such issue, the prayer for repairing work could not have been allowed. It is not in dispute that in the case in hand, no local inspection of the property in question was held in order to bring a clear picture of the condition of the suit property before the learned trial judge. For all the reasons as aforesaid, this Court is inclined to interfere with the order impugned. Accordingly, the order dated 18th June, 2026 is set aside. The application for repairing stands restored to the file of the learned trial judge. It will be open to the petitioner to file a comprehensive written objection to the repairing application 3 and supplementary affidavit filed on 18th June, 2026, within seven working days from the date of the receipt of the server copy of this order before the learned trial judge. It will be open to the opposite party to take appropriate steps before the learned trial judge by way of an appropriate application in aid of the repairing application. If such application is filed, the learned trial judge shall take up the hearing of the said application and the repairing application as expeditiously as possible and make an endeavour to dispose of the applications as expeditiously as possible but preferably within a period of 21 working days from the next date fixed without granting any unnecessary adjournment to either of the parties. A copy of the supplementary affidavit filed in Court is taken on record. It is recorded that a copy of the said supplementary affidavit has been handed over to the learned advocate for the petitioner in course of hearing of this application. With the aforesaid observations and directions, this civil revisional application stands disposed of. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of all requisite formalities. (Hiranmay Bhattacharyya, J.)