SUBIMAL CHANDRA LAHA Vs. PARIMAL CHANDRA LAHA

JUDGEMENT

(1.) This first appeal was disposed of for all practical purposes on 16th Feb., 2017. By the said judgement and order, we directed the defendant no. 1 to remove the construction and the grill gates already installed within the common passage for making common passage free for joint user by the plaintiff and the defendant no. 1 within a week from the date of the said order. It was also provided therein that in default of compliance of the direction passed by this Court on defendant no. 1, the obstruction raised in the common passage either by way of raising the brick wall and/or by installation of grill gates will be removed from the common passage under the supervision of the learned Special Officer of this Court and if necessary, the learned Special Officer, for executing that part of the decree, may take police help from the local police station. It was also directed that if the Officer-in-Charge of the local police station is so approached for police help by the learned Special Officer, the Officer-in-Charge shall render all possible assistance to the learned Special Officer for execution of that part of the decree. The execution of that part of the decree under the supervision of the learned Special Officer was kept in abeyance for a period of two weeks.

(2.) While passing the said judgement and/or order, we made it clear in the order itself that the appeal was kept alive only for the purpose of implementation of the decree and for none else. As per our direction, the matter is appearing today for ascertaining compliance of the order by the defendant No. 1/respondent No. 1.

(3.) We are informed by Mr. Raut, learned advocate appearing for the defendant No. 1/respondent No. 1 that in pursuance of the direction passed by this Court earlier, his client has removed two grill gates which were installed by his client on the common passage and thereby made the common passage free for joint use by the plaintiff/appellant and the defendant No. 1/respondent No. 1.