PRADIP BANDYOPADHYAY Vs. NITYANANDA BANDYOPADHYAY

JUDGEMENT

(1.) THIS application is at the instance of the plaintiff and is directed against the order no.31 dated August 18, 2009 passed by the learned Civil Judge (Junior Division), First Court, Ranaghat in Title Suit No.20 of 2000 thereby rejecting an application for local inspection filed by the plaintiff.

(2.) THE plaintiff/petitioner herein instituted the said title suit no.20 of 2000 for declaration and injunction. THE defendants are contesting the said suit by filing a written statement denying all the material allegations contained in the plaint. THE suit was at the stage of hearing argument after close of evidence on behalf of both the sides. At that stage, the petitioner filed an application for holding local inspection on the points as mentioned in the application appearing as annexure A to the application. That application was rejected by the impugned order. Being aggrieved, this application has been preferred.

(3.) MR. Banerjee, learned Advocate appearing on behalf of the Municipality, has submitted that the concerned Municipality had sanctioned the construction and that if any violation of the sanctioned plan is made, appropriate remedy lies before the concerned tribunal and the civil court has no jurisdiction to deal with this matter.