Sunil Kr Manna v. Deen Dayal Rai
Case brief
What is this about?
Appeal FMA 478 of 2025 (Sunil Kr. Manna vs Deen Dayal Rai) disposed of on 20.08.2025 by Soumen Sen, J. and Apurba Sinha Ray, J. No interference with the learned trial judge's order. Appellant's submission: premises required for building and rebuilding; tenants to be temporarily vacated and rehabilitated in the new building. Written objection had recorded a KMC notice declaring the building “dangerous”. Relief: liberty to amend written statement and take out an appropriate application with an undertaking to rehabilitate the plaintiff in the newly constructed building; trial court to decide such application in accordance with law after hearing. No statutes or precedents cited; no quantum involved.
What did the court decide?
No interference with the order of the learned trial judge; liberty to the appellant to amend its written statement and take out an appropriate application recording the rebuilding requirement, with an undertaking that the plaintiff shall be rehabilitated in the newly constructed building; the learned trial court to decide such application in accordance with law after hearing the parties.