- (1.) The dispute in this case arises out of a tenancy and the plaintiff is the tenant who has instituted a suit before the learned Civil Judge (Junior Division), 1st Court, Paschim Medinipur being Title Suit No.15 of 2013.
(2.) I am apprised by the learned counsel appearing for the petitioner that such suit has been filed by the plaintiff/tenant for a declaration of his tenancy right. On May 20, 2016, in CO No.1864 of 2016, a coordinate Bench has given certain directions in connection with the suit property. So far as the present proceeding is concerned, the following directives issued by the coordinate Bench are relevant: - "Since there is dispute with regard to the possession of the plaintiff in the suit premises, the Trial Court is directed to appoint a member of the bar as a receiver over and in respect of the tenanted room and under the said receiver the plaintiff shall remain in possession of the suit premises until the issue is decided by the Trial Court. The Special Officer before making over possession of the suit premises to the plaintiff shall make an inventory of the suit property and file a report before the Trial Court which shall be taken into consideration by the Trial Court in deciding the possessory right of the plaintiff vis -à -vis the suit property. This exercise has to be done immediately. The Trial Court shall appoint a receiver on or before Tuesday i.e. 24.05.2016."
(3.) The trial court in terms of the direction of the coordinate Bench has passed an order on May 21, 2016 holding, inter alia, as follows; - "In the light of the order as passed by the Hon'ble High Court it is a direction given upon this court to appoint a member of the Bar as a receiver over and in respect of the tenanted room and under the said receiver the plaintiff shall remain in possession of the suit premises until the issue is decided by the Trial Court. ;