KALYANI MUKHERJEE Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This application has been filed in connection with the appeal preferred from the judgment and order dated 10th June 2013 whereby and whereunder a learned Judge of this Court finally disposed of the writ petition without granting necessary relief to the appellants herein. The learned Single Judge while deciding the writ petition advised the appellants to resolve the issue relating to possession in question in a Civil Court. We have doubt whether the appellants herein inspite of being the legal owners should be asked to approach the Civil Court for the possession. The learned Counsel representing the club submits that the appellants herein purchased the property with adjacent 10 ft wide common passage and with a right to exercise easement.

(2.) The club therefore, cannot have any right over the property in question under any circumstances excepting the easement right over the 10 ft wide common passage.

(3.) It is not in dispute that the appellants/petitioners herein are the lawful owners of the plots in question and the Howrah Municipal Corporation has also sanctioned a building plan for raising construction on the land in question.