ROMIT MITRA Vs. THE KOLKATA MUNICIPAL CORPORATION AND ORS.
LAWS(CAL)-2018-1-403
HIGH COURT OF CALCUTTA
Decided on January 25,2018

Romit Mitra Appellant
VERSUS
The Kolkata Municipal Corporation And Ors. Respondents

JUDGEMENT

Subrata Talukdar, J. - (1.) Party/Parties are represented in the order of their name/names as printed above in the cause title.
(2.) The grievance of the petitioner, who claims to be an undivided joint owner of the premises in issue, is that the Private Respondent No. 9, also an undivided joint owner, is making unauthorised construction at the premises in issue in violation of a clear order of injunction passed by the Learned Civil Court at Alipore in a suit for partition between the parties.
(3.) Taking this Court to the order dated the 14th of September, 2016 in Title Suit No. 56 of 2016, Mr. Bhattacharjee, Learned Counsel for the petitioner, submits that the parties to the suit in which the present Petitioner is the Plaintiff and the present Respondent No. 9 is the Defendant, were directed to maintain status quo in respect of the Schedule property as on date in respect of its nature and character. The order of status quo has since been extended from time to time and, still is in force. Mr. Bhattacharjee argues that this writ petition is maintainable since the petitioner/co-owner of the premises in issue has alleged unauthorised construction within the premises in issue by the Private Respondent Nos. 9 and 10/the Defendants in violation of the Municipal law.;


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