SANKAR PRASAD DEY Vs. SANDIP KUMAR DEY

JUDGEMENT

(1.) The petitioner is the plaintiff in Title Suit No.443 of 2016 pending before the learned Civil Judge (Junior Division) 4th Court, Serampore, District-Hooghly. The petitioner is aggrieved by an order dated November 21, 2019 by which the application under Section 151 of the Code of Civil Procedure dated November 19, 2018 (IA/2/2019) was rejected by the learned Civil Judge (Junior Division) 4th Court, Serampore.

(2.) It is contended on behalf of the petitioner that the petitioner had filed a suit against the opposite party, inter alia, for a declaration to the effect that the defendant did not have any right to close the door by lock and key over the 'B' schedule property, thereby causing an obstruction to the ingress and egress of the petitioner to the ground-floor passage leading to the stair case as well as to the electric meter. The further case of the petitioner was that the petitioner as the brother of the opposite party had 1/4th share in the joint property left by the father. Title Suit No.376 of 2014 was filed by the petitioner for partition of his 1/4th share. The said title suit was pending before the learned Civil Judge (Senior Division) at Serampore. In connection with the said partition suit an application was filed by the petitioner for injunction, restraining the opposite party as also the other co-sharers from disturbing the petitioner's peaceful possession. The application for injunction was disposed of and the opposite party and other co-sharers were restrained form evicting the petitioner from the ground-floor of the suit property except by due process of law. Parties were also restrained from alienating and/or encumbering the suit property, by an order of the Hon'ble Division Bench of this Court. As the opposite party created disturbance with regard to the installation of an electric meter in the name of the petitioner, the petitioner filed a writ petition being W.P. No.13159 (W) of 2018. The said writ petition was disposed by a learned Judge of this Hon'ble Court by an order dated August 29, 2018 with the observation that as the electric supply had already been provided to the petitioner, the writ petition had become infructuous.

(3.) Another suit being Title Suit No.442 of 2016 was filed by the petitioner for declaration of the right of the petitioner to install an overhead water tank over the roof of the suit property. In a report filed by a learned Advocate-Commissioner in Title Suit No.442 of 2016, the existence of an eastern side entrance gate for entering into the suit property from the main road, found mention. Thereafter, the petitioner filed Title Suit No.443 of 2016. The petitioner filed an application for local inspection of the suit property on the ground that the existence of the eastern side gate and the electric meter should be ascertained. The application for local inspection was rejected and aggrieved by the said order the petitioner had preferred a revisional application before this Court. In Title Suit No.443 of 2016, the petitioner filed another application under Section 151 of the Code of Civil Procedure praying for a direction upon the defendant/opposite party to handover the duplicate keys of the main door of the eastern side boundary of the suit premises to the plaintiff/petitioner, so that the plaintiff/petitioner had access through the door situated on the eastern side of the boundary wall to the electric meter board position. The learned Civil Judge (Junior Division) 4th Court, Serampore, rejected the application under Section 151 of the Code of Civil Procedure by the order impugned. Aggrieved the petitioner preferred this revisional application.