CIVIL APPEAL 3589 of 2017 on 1 November 2017

19.02.2021Court No. 19

Item No.60

CP

Mr. Kushal Chatterjee

Despite service none appears on behalf of theopposite party.

Affidavit of service filed today is taken onrecord.

CAN 3 of 2020 is an application forappointment of a new Special Officer in respect ofPremises No. P-51/2. C.I.T. Road, Police StationEntally, Kolkata – 700014. CAN 3 of 2020 has beenfiled in a disposed of revisional application, CO No.3589 of 2017. The civil revisional application wasfiled challenging an order of refusal to grant a ad-interim mandatory injunction in a proceeding underSection 6 of the Specific Relief Act, 1963 passed bythe learned Civil Judge (Senior Division), Sealdah.Initially, aggrieved by the said order thepetitioner/plaintiff had filed a first miscellaneousappeal before this court. The said appeal wasregistered as FMAT 690 of 2016. The first miscellaneous appeal was entertained by this courtand a Special Officer (since deceased), namely, Mr.Asish Kumar Roy, learned advocate of this court, wasappointed. The learned Special Officer acted on thebasis of the order and filed certain interim reports.

By an order dated November 1, 2017 a DivisionBench of this court converted the appeal being FMAT690 of 2016 to a revision and consequently C.O.3589 of 2017 was registered.

The civil revisional application was finallyheard on contest and disposed of withoutinterference with the order impugned therein, with adirection upon the learned Trial Judge to dispose ofthe mandatory injunction application along with thesuit within a period of four months from the date ofcommunication of the order, i.e. August 24, 2018.

It is informed that the suit is pending and is atthe stage of evidence. The learned Special Officerexpired.

The learned coordinate bench also observedthat the keys to the suit premises would remain withthe learned Special Officer already appointed by thiscourt subject to any direction, which would bepassed on the learned Special Officer in that regardat the time of final disposal of the suit by the courtbelow.

As my predecessor Judge has alreadyempowered the learned court below, to pass certaindirections upon the Special Officer, in my view, thelearned court below is also empowered to pass suchorders for appointment of a Special Officer if thelearned court deems fit and proper.

This order is being passed in the absence ofthe opposite party as despite service the oppositeparty has not appeared. Moreover, the order is not tothe prejudice of any party as the learned court belowhas already been empowered to pass certaindirections upon the Special Officer before whom thesuit is pending.

As the revisional application has already beendisposed of by empowering the learned trial court topass any direction upon the Special Officer from timeto time as may be necessary in the suit, this court isof the opinion that the suit court who is now incomplete seisin of the matter will have the power toalso appoint a Special Officer on such terms andconditions as the learned court deems fit and proper.As no proceeding is pending before this court, itwould be proper that the learned Trial court to passnecessary orders in this regard. The petitioner shallbe at liberty to file an appropriate application in thecourt below in terms of this order upon service of a copy upon the opposite parties. If such application isfiled, the same shall be disposed of accordingly.The application CAN 3 of 2020 is disposed of.

(Shampa Sarkar, J.)