ARUN KUMAR BASU Vs. JAYANTA BOSE

JUDGEMENT

(1.) THIS revisional application is directed against Order No. 17 dated 25th May 2009 passed by the learned Civil Judge, (Junior Division), 1st Court, Alipore, in Title Suit No. 85 of 2007 by which an application under Order 39 Rule 7 of the Code of Civil Procedure is rejected.

(2.) THE plaintiff/opposite party filed a suit for mandatory injunction restraining the petitioners from affixing an iron gate in any portion of the suit passage and/or obstructing and/or disturbing smooth use of the said passage. It is categorically stated in the plaint that the disputed passage is a common passage and the defendants/petitioners cannot put any fetter by affixing an iron gate on the western side of the said passage.

(3.) TRIAL Court found that the relief, which has been claimed in the suit, does not require any report from an Advocate Commissioner. In other words, it is opined by the trial Court that inspection is not necessary for the purpose of granting relief in the suit.