SOUMEN SEN,J. - (1.) In spite of service the defendant no.9 is not represented. On 5th February, 2018 I disposed of GA No.3707 of 2016 by confirming the interim order passed on 13th November, 2017 in terms of prayer (a) of the notice of motion which reads: "(a) An order of injunction restraining the defendant nos. 6, 7 and 8 from dealing with, disposing of, alienating, encumbering and/or creating any third party interest in respect of the suit property more fully described in a Schedule being Annexure-B hereto."
(2.) The order of injunction was against defendant nos.6, 7 and 8. In this application the same defendants have stated, on instruction, that they have not created any third party interest and are not making any attempt either. In the petition it is stated that the respondent no.9, who has been described as a proforma respondent was acting on behalf of the defendant nos.7 and 8 and the notice dated 4th June, 2018 would clearly demonstrate such fact. The respondent nos.7 and 8 disowned such intimation and has submitted that they have never authorized the proforma respondent no.9 to issue any such notice or to act in violation of the order of injunction passed earlier. Mr. Surajit Nath Mitra, learned Senior Counsel submits that although the plaintiffs are aware that the said order is violated by the proforma respondent no.9, but no action has been taken against the said proforma respondent. 3. Under such circumstances, there shall be an order in terms of prayer (b). 4. The petitioner has prayed for appointment of a special officer to inspect the property and file a report. It is an undisputed fact that the petitioner has deposited a sum of Rs. 1.63 crores and a suit for specific performance is pending before the Howrah Court. The property needs to be preserved till such proceedings comes to an end. The properties are presently under the control of the defendant nos.7 and 8. Appointment of the special officer to inspect the suit property cannot prejudice the right of any of the parties. 5. Under such circumstances, Mr. Amitava Ghosh, Advocate, Bar Library Club, High Court, is appointed as Special Officer to inspect and make an inventory of the premises described in Schedule-B and also to prepare a list of existing occupants with full particulars and file a report in a sealed envelop on the adjourned date. The Special Officer shall be entitled to an initial remuneration of 2500 Gms. to be paid by the petitioner. If the Special Officer is resisted in implementing this order, the Officer-in-Charge of the concerned police station, on a written request of the Special Officer, shall render all assistance to the Special Officer to implement this order. 6. The matter stands adjourned for four weeks.;