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1984 DIGILAW 178 (SC)

Rani Aloka Dudhoria v. Gautam Dudhoria

1984-05-04

D.P.MADON, R.S.PATHAK

body1984
ORDER : 1. An application has been moved before us containing the allegation that Respondents Nos. 1 & 2 are obstructing the appellants from raising the boundary wall mentioned in our Order dated April 30, 1984. No counter affidavit has been filed as no opportunity to do so was possible, the application having been filed only just now. We do not, therefore, propose to go into the correctness of the allegation. But in order to avoid future controversy we direct that the Officer-incharge, Park Street Police Station, Calcutta will depute a suitable police force to ensure that there is no breach of peace and no obstruction by the parties is caused to the construction of the wall. The Corporation of Calcutta is also directed to depute a suitable official to indicate clearly the line of demarcation along which the said wall will be raised. We extend the time for raising the wall to May 21, 1984. On the completion of the wall, the Corporation will satisfy itself that the wall has been constructed and completed along the line of demarcation. and thereupon it will issue a certificate accordingly to the appellants and to the respondents Nos. 1 and 2. On the issue of such certificate, the Corporation will issue the certificate of occupancy to which reference has been made in our Order dated April 30, 1984. We make it clear that the occupancy certificate will be issued by the Corporation only after the wall has been completed and the Corporation is satisfied that it accords with the line of demarcation. The order dated April 30, 1984 is modified. 2. Copies of this Order and the Order passed on April 30, 1984 shall be delivered to counsel for both parties immediately.