SURENDRA Vs. MANORANJAN DAS

JUDGEMENT

(1.) Heard learned counsel appearing for the petitioner.

(2.) Even though the C.M.P. involves a concurrent finding of fact involving an application under Order 39, Rule 1 and 2 of the Code of Civil procedure by both the courts below but, however, taking this Court to the specific plea of the petitioner in the application under Order 39, Rule 1 and 2 of the Code of Civil Procedure particularly paragrtaph-6, Mr.Mohapatra, learned counsel for the petitioner contends that for the conditional prayer of the petitioner that in the event of any construction involving the disputed area he shall not claim any equity and he shall be ready to hand over the construction, if any, to the decree holder, the trial court at least should have consider this aspect in the disposal of the I.A. The impugned order of the appellate authority has been passed even after similar request being raised by the petitioner in paragraph-6 of the appeal memorandum. It is in this view of the matter, this Court is inclined to issue notice to the opposite parties on the question of admission.

(3.) Accordingly, issue notice to the opposite parties by speed post/registered post with A.D. fixing a short returnable date requisites for which shall be filed within a period of three working days.