SANTANU BASU Vs. APARNA BASU

JUDGEMENT

(1.) The subject matter of challenge in this case is against the rejection of a prayer for construction, pending decision of a suit for partition.

(2.) Mr. Sounak Bhattacharya, learned advocate appearing for the petitioners, while proposing for construction submitted that existing possession of the petitioners in respect of a straw thatched mud built house had not been disputed by the opposite parties/plaintiffs vide their written objection.

(3.) Mr. Bhattacharya further contended that the dilapidated condition of such house under possession of petitioners had been disclosed in the petition for construction supported by an affidavit, which also remained undisputed by the opposite parties.