SUDHANGSHU SEKHAR MAITY Vs. SANTI GOPAL JANA

JUDGEMENT

(1.) This application is at the instance of the Defendant and is directed against the order No. 20 dated March 26,2009 passed by the learned Civil Judge (Senior Division), Kakdwipin Title Suit No. 65 of 2008.

(2.) The Plaintiffs/opposite parties herein instituted a suit being Title Suit No. 65 of 2008 against the Petitioner and the other opposite party Nos. 3 & 4 before the learned Civil Judge (Senior Division), Kakdwip for declaration of title, permanent injunction and other reliefs. The Petitioner is contesting the said suit by filing a written statement denying all the material allegations as made in the plaint. At the time of filing of the suit, the Plaintiffs prayed for temporary injunction. Upon hearing both the sides, the learned Trial Judge directed both the parties to maintain status quo in respect of the tank in suit. Thereafter, the Plaintiffs contended that in spite of that order, the Defendants, in violation of the said order of injunction, caught hold of 30 kgs. of fish from the tank in suit. For that reason, they filed an application for rendering police help for implementation of the order of status quo. It is their specific case that they are in possession of the suit land. The learned Trial Judge has allowed the application for police help. Being aggrieved, this application has been preferred.

(3.) Now, the point for consideration is whether the impugned order should be sustained.