KUM KUM CHATTERJEE Vs. RATAN ROY

JUDGEMENT

(1.) THIS is an application under Article 227 of the Constitution of India. The petitioner as plaintiff filed a suit for eviction against the opposite party which is pending before the learned Civil Judge (Senior Division), 9th Court, Alipore being numbered as Title Suit No. 17 of 2003. The case of the petitioner / plaintiff as made out in the suit in short is that the defendant is a tenant of the suit property. Defendant caused damage to the suit property and the suit property is reasonably required for the petitioner for her own use and occupation.

(2.) THE opposite party / the defendant during the pendency of the suit filed an application for effecting necessary repair work in the suit property. The petitioner field objection to the said petition seeking permission for repairing. The learned Trial Court by an order dated July

(3.) THE petitioner being aggrieved by and dissatisfied with the said order preferred an application under Article 227 of the Constitution of India which was registered as C.O. No. 1314 of 2009.