JHARNA PATRA Vs. SANJIB GAYEN

JUDGEMENT

(1.) The petitioner before this Court is a plaintiff in a suit for partition, and is aggrieved by the Order dtd. 16/3/2019 passed by Learned Civil Judge (Sr. Divn) 1st Court Contai in Title Suit No- 95 of 2015 allowing prayer of opposite party no-1/Defendant in application under Order 6 Rule 17 of the Code of Civil Procedure.

(2.) The case of the opposite party no-1 before the Learned Trial Court in the application under Order 6 Rule 17 CPC may be summed up thus.

(3.) The defendant no-1/opposite party no-1 contended in the said application that the plaintiff/petitioner created obstruction in the common passage for which complaint was lodged before Ram Nagar Police station and proceedings under Sec. 133 CrPC was instituted before S.D.E.M at Contai. The opposite party no-1 further contended that on 01/10/2015 the plaintiff along with some antisocials installed a gate on the common passage as a result of which free-movement of the opposite party no-1 is obstructed which is causing hardship to the said defendant.