PARESH CHANDRA DAS Vs. BIKAS KUMAR DAS

JUDGEMENT

(1.) An ad-interim order of injunction was passed by the learned trial Judge on the plaintiff's application vide Order No. 2 dated 24th August, 2007. By the said order, the parties were directed to maintain status quo in respect of the nature, character, possession and transfer of the suit properties till 24th September, 2007. The said order was extended from time to time and the same is still in force. .

(2.) Subsequently, the plaintiff has filed an application under Section 151 of the Code of Civil Procedure inter alia, praying for police help for implementation of order of injunction. The petitioner's said application for police help was rejected by the learned trial Judge by the impugned order dated 24th February, 2010 vide Order No.37. The learned trial Judge held that since there is no restrain order against the defendants from constructing the suit property, the prayer for police help cannot be allowed in the facts of the instant case.

(3.) Let me now consider as to how far the learned trial Judge was justified in passing the impugned order in the facts of the instant case.