I.P. Mukerji, J. - (1.) THIS partition and administration suit has become extremely contentious between the parties.
(2.) THREE applications were taken out, each by a party or a group of parties. The application which was urged with the greatest force was the one taken out by the defendant No. 3(a), (b) and (c), marked as G.A. No. 2447 of 2011. This application contains the following material prayers: (a) Injunction restraining the defendant nos.1(a) and 1(b) from raising any objection whatsoever for preventing the works of partition; (b)... (c) Necessary direction be given on the Receiver cum Commissioner of Partition to immediately hand over plot A to the defendant no.3 group; (d) Direction for police assistance on the Officer -in -Charge, Jorasanko police station, Kolkata - 700 007 upon being approached by the Receiver cum Commissioner of Partition and the engineer/valuer for the purpose of implementation of Scheme of Partition - II; There did not appear to be any serious discord between the plaintiff and the above defendants. The plaintiff filed the second application being G.A. No. 2578 of 2011. The material prayers in that application are as follows: (a) An appropriate order be made directing the defendant No. 1 group to deliver up vacant possession of the remaining rooms in Lot 'C', as mentioned in paragraph 8 hereof, to the petitioner without any delay; (b) An order be made restraining the defendant No. 1 from causing any obstruction or hindrance to the plaintiff from making the second floor rooms, i.e. R 42 to R 45 wind and water right by putting appropriate frames and shutters on the concerned windows, as also from having free and easy access to Lot 'C'; (c) An appropriate order be made restraining the defendant No. 1 group from causing any let or hindrance to the construction of the partition wall or walls as per the report dated 26th October, 2010 and the plan of the surveyor -valuer;
(3.) THE third application was filed by the first defendants being G.A. No. 2442 of 2011. There is a serious dispute between these defendants and the other parties who have filed the applications mentioned above. The material prayers in that application are as follows: (a) An order be passed by this Hon'ble Court restraining the Valuer Mr. Samar Banerjee from interfering in the business of exchange of Lots between the parties and/or from being present and/or participating in the meetings convened by the Receiver with regard to exchange of lots; (b) Plaintiff's group be directed to honour their undertaking and/or commitment as recorded in the minutes of the meeting held on 12th April 2011 and take steps for handing over possession of the rooms in their possession in a phase wise manner; (c ) Plaintiff's group be directed to forthwith hand over possession of the room No. 12 and part room No. 16 to defendant No. 1 group; (d) Receiver & Commissioner of Partition be directed to take steps to value and distribute the movables and jewelleries as provided in earlier orders of Court dated August 11, 2010 and December 24, 2010;;