Order No.    7                                                              Date 02/03/2022

          Ld. Advocate of complainant is present.

          Ld. Advocate of O.p. nos.1 & 2 and Ld. Advocate of O.p. no.3 are present. O.p. no.4 is absent without any step. None appears on behalf of O.p. no.4. Today is fixed for further hearing. Heard Ld. Advocate of complainant, Ld. Advocate of O.p. nos.1 & 2 and Ld. Advocate of O.p. no.3 in full relating to further hearing of the instant case.

          Having heard the Ld. Counsel appearing for the parties (except O.p. no.4) and going through the materials on record first of all, it may be noted that the instant M.A. case arising out of application under Section 13(3-b) of the C.P. Act, 1986 read with section 38(8) of C.P. Act, 2019 mainly praying for direction upon the O.ps. to deliver the possession of the flat in question as mention in the schedule “B” of the instant application in favour of the complainant with immediate effect. Record further reveals that against the said petition of complaint O.p. nos.1& 2 filed W/O and O.p. no.3 also filed a separate W/O.

          Be it pertinent to mention that invoking of Section 13(3-b) of C.P. Act 1986 read with section 38(8) of the C.P. Act 2019 together by themselves clearly indicate an irregularity on behalf of the complainant. Obviously complainant cannot avail the provision as laid down in C.P. Act 1986 and provision as laid down in C.P. Act, 2019 at a time jointly. It will not be out place to mention that invoking provisions of C.P. Act, 1986 and C.P. Act, 2019 jointly in one application not only it is irregular but also illegal. Moreover the original case is pending on the question of delivery the possession of the flat in question to the complainant or not.

          We are of the clear view that at this stage we are not getting any evidence on affidavit from the parties end. So it will be impractical and at the same time will be an immatured act on our behalf to appreciate the application of complainant, because said application is out and out immatured one at this stage.

          So we can say further discussion is no more needed and we have ample and explicitly discussed reason as to why we are not appreciating the application of complainant under consideration.

          In the result, the instant M.A. case is dismissed on contest.

Dictated & corrected by me.  

President                                 Member                                        President