Bishwajeet Dobey vs Gopal Krishna Dobey & Ors
2023 Latest Caselaw 3491 Cal

17.05.2023
Sl.No. 8
Ct.No.16
Amalranjan
             IN THE HIGH COURT AT CALCUTTA
              CIVIL APPELLATE JURISDICTION
                     APPELLATE SIDE

                      FMA 274 of 2023
                           With
                       CAN 1 of 2023

                    Bishwajeet Dobey
                            Vs.
                Gopal Krishna Dobey & Ors.

              Mr. Biswajib Ghosh
              Mr. Avirup Mondal
              Mr. Sayan Chattopadhyay
              Mr. Abhishek Agarwal
                                  ...for the plaintiff/appellant

              Mr. Pappu Adhikari
              Mr. A. Roychowdhury
                               ...for the respondent nos. 1-14

Re: CAN 1 of 2023

We admit the appeal. we are in a position to

dispose of this appeal dispensing with all

formalities.

The learned judge in passing the impugned

judgment and order dated 2nd March, 2023 has

applied the correct principles. Somehow there is

some incongruity in the impugned order. it is

modified to the following effect:

The respondents/defendants are obliged

under the Pradhan Mantri Yabas Yojona Scheme

to build their house in the subject property

according to the terms of the scheme within a

particular timeline. If this timeline is not

adhered to then the benefit of the scheme would

not be available.

In those circumstances, the respondents/

defendants are permitted to continue with the

construction and complete the same subject to

the condition that if ultimately on partition the

part of the property where construction is being

made is vested in the appellant he would have

the right over the land and building constructed

including the right to demolish it and make a

fresh construction.

The appellant/plaintiff would also have the

right to make periodic inspection of the site and

report to the court if there is transgression of the

area within which the construction has been

permitted to be made.

The respondents/defendants are also

restrained from creating of any third party rights

over the suit property. Similarly, the

appellant/plaintiff is also restrained from

creating of any third party right.

The parties shall not prevent one another

from making ingress into or egress from the

property and shall not cause any breach of peace

in the property. The partition and administration

suit may be proceeded with the learned court

below.

We request the learned court below to

dispose of it by passing a final decree for

partition within one year from date preferably.

The appeal and the connected application

are disposed of, accordingly.

Urgent certified photo copy of this order, if

applied for, be given to learned advocates for the

parties upon compliance of all requisite

formalities.

( Biswaroop Chowdhury,J. ) ( I. P. Mukerji,J. )