SMT. GOURI DAS & ORS. Vs. NANI BHATTACHARJEE

JUDGEMENT

(1.) The impugned order dated 17th November, 2017, passed by learned Civil Judge (Junior Division), First Court, Sealdah, South 24 Parganas in Title Suit No. 281 of 2008, declining to pass any order for police help for implementation of order of injunction, is subject of challenge in this revisional application under article 227 of the Constitution of India.

(2.) The case of the petitioner is that in connection with suit for declaration, injunction and recovery of possession, petitioner was favoured with ad interim order of injunction initially. The temporary injunction application was ultimately disposed of on 19th May, 2017, restraining the opposite parties/defendants from encroaching upon the schedule property, and taking out any construction thereof till disposal of the suit. During the pendency of the suit, a prayer for recovery of possession was additionally made on 11th March, 2011. The opposite parties without preferring any appeal against the order of injunction presumably accepted the injunction order, and even after accepting injunction order, for the reasons best known to opposite parties, they gathered construction materials in the suit property in their attempt to make illegal construction in the suit property in violation of the injunction order. Such fact was brought to the notice of Beliaghata P.S. by lodging G.D. entry no. 2808, dated 28.10.2017. Since no action was taken by the police even after lodging G.D. entry for that purpose, petitioner filed an application seeking police help.

(3.) The opposite parties filed objection against the prayer for police help denying alleged violation of the injunction order. The alleged act of gathering materials for construction in the suit property together with an attempt to take out illegal construction in the suit property, was specifically denied in Para-6 of the written objection filed by the opposite parties.