- (1.) The petitioner appears in person. The petitioner reiterates the contentions which stand already recorded by the previous order of the Hon'ble Court dated 8th April, 2020, when the matter was heard through video conferencing.
(2.) By the order of 8th April, 2020, the Hon'ble Court was pleased to, inter alia, direct as follows: "Considering the entire conspectus it may be prudent to seek a report from the Officer-in-Charge of Shyampukur Police Station as to the present status of the property at 13, Kali Prasad Chakraborty Street, Kolkata-700 003, including the occupants thereat. All parties are restrained from dealing with or disposing of the property or creating any third party rights in respect thereof until further orders. No new occupants should be inducted at the premises in question without the leave of this Court. A report of the relevant Officer-in-Charge be mailed by April 15, 2020 to the e-mail ID of the Registrar General as indicated in the High Court website. The matter will appear and be taken up via video conferencing on the next available date that the Court convenes. The appearing parties should inform all other parties of the adjourned date. A copy of this order will be available on the official website of this Court. The plaintiff no.1 should reach a copy of this order to the Officer-in-Charge of Shyampukur Police Station or attract such Officer's attention to the order as available on the website."
(3.) Pursuant to the order dated 8th April, 2020 (supra) the Officer-in- Charge, Shyampukur Police Station has filed a report before the Learned Registrar General of the Hon'ble Court, which is reproduced in full for the benefit of the parties. "To The Registrar General Hon'ble High Court Calcutta Ref: C.S. No. 41 of 1989 G.A. No. 3624 of 1998 G.A. No. 3239 of 2016 Banashree Neogi and Anr.(Petitioner) Vs. Soma Ghosh and Ors. (Respondents) Sub: Status report in respect of suit property i.e. 13, Kaliprosad Chakraborty Street, Kol- 03 Sir, With reference to the above in compliance to the order dated 08-04-2020 of Hon'ble High Court, Calcutta, beg to submit before your Honour that the suit premises i.e. 13, Kaliprosad Chakraborty Street, Kol-03 is a three stored square shape old and dilapidated building. That the said property is not a Debottar or Trust property. It is absolutely a joint owned property as per KMC record (Xerox annex herewith). Five persona are the joint owner of the suit property namely (1) Late Kartick Neogy (2) Late Ganesh Neogy (3) Gopal Neogi (4) Late Gobinda Neogy and (5) Late Kalidas Neogy. The petitioner being a co-owner of the said premises residing at the front portion 1st floor of the building and the opposite parties namely Gopal Neogy, co-owner of the said premises residing at South West corner 1st floor of the said premises along with his two sons namely Gautam Neogy and Bhaskar Neogy. That another co-owner namely Soma Ghosh resides in the 1st floor South East corner of the said premises. It is come off from the said suit premises that there have three tenants residing since long. One namely Prabir Paul (55) S/o- Late Ajay Paul resides in Ground floor North-West side of the premises. Tenant Krishna Dhar (73) W/o- Late Debabrata Dhar residing south portion of the said premises and Shambhu Das and his brother Alok Das are residing at the front portion 2nd floor of the said building as tenants since long. In course of present enquiry at the scheduled property i.e. 13, Kaliprosad Chakraborty Street, Kol-03 nothing unusual was found in respect of possessions, occupied by the co-owners and the tenants. On being asked the occupants i.e. opposite parties denied the allegation of threatening to the petitioner as raised against them. However, a round the clock close vigil is being maintain at and around of the scheduled property i.e. i.e. 13, Kaliprosad Chakraborty Street, Kol-03 to avoid any untoward incident. This is to submit for your kind perusal and N/A. Yours faithfully Sd/- 13/04/20 (Ashis Das) O/C Shyampukur Officer In-Charge Shyampukur Police Station, Kolkata - 4." ;