TAPAS PURKAIT Vs. PANCHANAN KAYAL

JUDGEMENT

(1.) This revisional application under Sec. 24 of the Code of Civil Procedure has been filed by the petitioners seeking transfer of a Title Suit from the Court of the learned Civil Judge (Junior Division), 1st Additional Court at Diamond Harbour, South 24 Parganas to City Civil Court at Calcutta or to any other Court.

(2.) The petitioners Tapas Purkait and three others have been arrayed as the defendants in Title Suit No. 214 of 2021 filed by the respondents. The suit is pending in the Court of the learned Civil Judge (Junior Division), 1st Additional Court at Diamond Harbour.

(3.) The respondents/plaintiffs moved an application for temporary injunction under Order 39 Rules 1 and 2 of the Code of Civil Procedure and moved an another application for local inspection under Order 39 Rule 7 of the Code of Civil Procedure before the learned Court below on 12/8/2021. On the application for temporary injunction the learned Trial Judge by an interim order directed that status quo in respect of the nature and character of the suit property be maintained. On the application for local inspection the learned Judge appointed Ms. Madhuri Bar, learned Advocate as Commissioner for holding local inspection over the suit property. On 17/8/2021 the learned Advocate Commissioner returned the writ of commission to the learned Court below with a sordid report that commission work could not be executed by her due to intense threat given out to her by the petitioners/defendants.