BIMAL KR PODDAR Vs. AMIT DAS & ORS

JUDGEMENT

(1.) None appears to press the revisional application, nor any one to oppose it. No compliance is furnished in the tune of an order dated November 15, 2016 passed by this court. However, the matter is taken up for consideration and disposal on merit on the basis of the materials available on record.

(2.) It appears that the suit was pending at the stage of hearing of temporary injunction. The petitioner being the plaintiff filed an application dated April 3, 2014 under section 151 CPC seeking to invoke inherent discretionary power of the learned trial court so that permission may be granted for repairing the deep tube-well as referred to in the application.

(3.) It further appears that against said section 151 CPC application the opposite party no.3 being the defendant no.3 had filed written objection alleging that the petitioner had installed a deep boring waterline (not a tube-well) over the common passage situated in the suit property.