- (1.) This revisional application under Article 227 of the Constitution of India has been filed by the petitioner, who is the defendant No. 1 in the suit, challenging the order dated 23rd October, 2009 passed by the learned Civil Judge (Senior Division), 1st Court at Barasat in Title Suit No. 144 of 2004, whereby the report dated 21st August, 2009, prepared by the Additional District Magistrate (RMO), North 24-Parganas, Barasat, holding the market value of the property in question at Rs. 35,00,000/-, was accepted.
(2.) In this matter, facts which immediately preceded the passing of the impugned order require consideration. It appears that aggrieved by an order dated 28th November, 2007 passed by the learned Court below in the said title suit, the defendant No. 1 filed a revisional application being CO. 4344 of 2007 which was allowed by order dated 15th December, 2008, the relevant portion of which is as under:- The learned Court below is directed to remand the matter to the Collector for reassessment, in the light of the observation made hereinabove. The learned Court below is also directed to give appropriate direction upon the Collector so that the report is made available before the learned Court below within the shortest possible time, in order to ensure expeditious disposal of the suit. The learned Court below is directed to hear out and dispose of the suit, immediately upon receipt of the report of the Collector in terms of this order, within a period of twelve months, but not later than sixteen months therefrom, without granting unnecessary adjournment to the parties.
(3.) As seen, the High Court by its order had directed the learned Court below to remand the matter to the Collector for reassessment in the light of the observation made therein. Pursuant to the said order, the learned Trial Judge remanded the matter along with the order dated 15th December, 2008 passed in CO. 4344 of 2007 to the Collector for reassessment of valuation of the suit property in the light of the observation made by the High Court. Consequently, on 31st March, 2009 the Collector filed a report regarding reassessment which was not accepted by the learned Trial Judge on the ground that the direction of the High Court was not followed and the Collector was directed to send a complete reassessment report. On 26th May, 2009 a reassessment report was again sent by the Collector. However, the matter was again remanded to the Collector, as according to the learned Trial Judge, the Collector failed to follow the order of the High Court. Thereafter, reassessment report dated 21st August, 2009 prepared by the Additional District Magistrate assessing the market value of the suit property at Rs. 35,00,000/- was furnished. In the Court below the petitioner filed written objection to the reassessment report. The plaintiff filed his counter-objection. Thereafter, the parties were heard and the order under challenge was passed.;