KARTICK CHANDRA DAS Vs. ALPANA BANERJEE & ORS

JUDGEMENT

(1.) Heard the learned Counsel for both the parties.

(2.) Assailing the Order No. 40 dated 19th September, 2013the petitioner herein (added defendant no. 7 of the original suit), the petitioner herein states that he acquired title in respect of a portion of the plot in question which is the subject matter of Title Suit No. 167 of 2008, pending before the learned Judge, 2nd Bench, City Civil Court, Calcutta. He filed an application before learned court below on 13th September, 2012 under Section 151 of the Code of Civil Procedure praying for permission of the court concerned for causing repair of the premises under his occupation in terms of the Schedule of the application dated 13th September, 2012. While dealing with the said application, the learned Court below held as follows :

(3.) The learned Counsel for the opposite parties, in course of hearing, pointed out that since the deed executed in favour of the petitioner herein in respect of the disputed property has been challenged in the original suit, his title in respect of the same is questionable before the court below and he further opined that learned court below was justified in rejecting his prayer.