UDIT INFRASTRUCTURE PVT. LTD. Vs. BIJOY KRISHNA PAIK

JUDGEMENT

(1.) This revisional application was directed against two Orders dated May 2, 2012 and July 20, 2013 passed by the 4th Court Civil Judge (Senior Division) at Alipore in Title Suit No. 347 of 2012. By an Order dated September 2, 2013 this Hon'ble Court was pleased to stay the operation of the impugned orders dated May 2, 2012 and July 22, 2013. The interim order of stay was extended on December 23, 2013.

(2.) The opposite parties made an application for dismissal of the present revisional application and for vacating the Orders dated September 2, 2013 and December 23, 2013. Both the applications were taken up for hearing.

(3.) By the Order dated May 2, 2012 an application under Order XXVI Rule 9 of the Code of Civil Procedure, 1908 was allowed by the learned Trial Judge. An advocate commissioner was appointed for investigating as to whether there was any encroachment in Plot No. 29 or not. The advocate commissioner conducted such local inspection in presence of the parties and submitted his report to the Trial Court. By the Order dated July 22, 2013 the learned Trial Judge passed an order of injunction on the application for modification of his earlier Order dated January 31, 2012.