PRASENJIT MANDAL,J - (1.) CHALLENGE is to a portion of the Order dated January 28, 2008 passed by the learned Civil Judge (Junior Division), 2nd Court, Sealdah in Title Suit No.395 of 2006 thereby rejecting the prayer for local inspection on contest filed by the plaintiff/petitioner herein.
(2.) THE plaintiff instituted a suit being Title Suit No.395 of 2006 for permanent injunction to the following effect:- (a) for a decree of permanent injunction restraining the defendant no.1 and her men, agent and servants from breaking padlock and key of the suit Flats, and/or ousting and/or dispossessing of the plaintiffs forcibly from the suit flats and also restraining them from creating any sort of obstruction in any manner whatsoever in ingress and egress to the suit property and also restraining them not to disturbing and/or interfering in any manner whatsoever of the plaintiffs in the suit property. The plaintiff has filed the suit contending, inter alia, that by an agreement dated February 6, 2006, the plaintiff agreed to pay rent month by month to the defendant No.2 against proper rent receipts and has been enjoying the tenancy on payment of necessary charges. In that suit, the plaintiff filed an application for local inspection on the following points:- Schedule 3rd (a) To go to the locale at floor of B/6/1B/H/1, Rameswar Shaw Road, P.S. Beniapukur, Kolkata � 14. (b) To note the articles lying in the flats i.e. at the suit flats. (c) To note the condition of the suit flats. (d) To note whether there are any electricity in the suit flats. (e) To note the measurement of the suit flats. (f) To draw a sketch map showing the situation, position and condition of the suit flats. (g) To note the local features if any pointed by the plaintiffs. The written objection was filed by the defendants against the said application and upon hearing both the sides, the learned Trial Judge rejected the prayer for local inspection. Being aggrieved, this application has been preferred by the plaintiff. Now, the question is whether the impugned order should be sustained.
(3.) UPON hearing the learned Advocates for the parties and on going through the materials-on-record, I find that the plaintiff has sought for local inspection in support of their plaint case and also for the purpose of getting materials for the disposal of the application for temporary injunction. It is pertinent to mention that the application for temporary injunction and also the modification of the ad interim order as granted earlier were also disposed of by the same order. Therefore, so far the orders for collection of materials for the purpose of disposal of the application for temporary injunction are concerned, I am of the view that this purpose has lost its relevancy.;