Secretary Anirban Debnath vs Sri Monotosh Debnath & Ors
2024 Latest Caselaw 5179 Cal

Calcutta High Court (Appellete Side)

Secretary Anirban Debnath vs Sri Monotosh Debnath & Ors on 7 October, 2024

Author: Biswajit Basu

Bench: Biswajit Basu

07.10.2024 (D/L-16) Ct.-19 (Susanta) IN THE HIGH COURT AT CALCUTTA CIVIL REVISIONAL JURISDICTION

C.O. 3640 of 2024

Udayachal Club represented by Secretary Anirban Debnath

-Vs-

Sri Monotosh Debnath & Ors.

Mr. P. P. Mukhopadhyay, Mr. Vivek Kumar Tripathi, ... For the Petitioner.

Mr. Sabyasachi Chatterjee, Mr. Tapas Kumar Chattopadhyay, .... For the Opposite Parties.

The 5th Court of learned Civil Judge (Junior

Division), Howrah, by the judgment and decree dated

June 29, 2024 has dismissed the suit filed by the

petitioner-club being Title Suit no. 142 of 2004 for

declaration that it has acquired right, title and interest

over the suit property by way of adverse possession.

The petitioner, aggrieved thereby has preferred the

connected appeal being Title Appeal No. 99 of 2024

pending before the 2nd Court of learned Additional

District Judge, Howrah.

The Appeal Court below, by the order impugned

being order no. 8 dated September 23, 2024 has refused

to grant permission to the petitioner to hold Durga Puja

and Lakshmi Puja in the suit property holding that the

suit since has been dismissed with findings that the

appellant has failed to establish its title and possession

over the suit property by way of adverse possession, is

not entitled to the permission a s prayed for.

This Court, considering the nature of the prayer,

had appointed Mr. Sayan Banerjee, learned advocate as

Special Officer to explore the possibility of grant of such

permission with certain conditions.

Mr. Banerjee files his report. The petitioner also

files an undertaking that if it is permitted to hold such

Pujas, appropriate steps would be taken to remove the

pandals and other materials from the suit property

immediately after the Puja.

The report of the Special Officer and the said

affidavit of the petitioner be kept with the record.

It appears from the report that no police

permission has been obtained to hold the said Durga

Puja at the suit property and within 100 meters from the

suit property, another Durga Puja has been organized.

In the backdrop of the facts and circumstances as

discussed above, this Court is not inclined to interfere

with the order impugned.

C.O. 3640 of 2024 is dismissed without any order

as to costs.

Parties to act on the server copy of this order duly

downloaded from the official website of this Court.

Urgent Photostat certified copy of this order, if

applied for, be supplied to the parties subject to

compliance with all requisite formalities.

(Biswajit Basu, J.)