JAHAR MONDAL Vs. SEIKH AASHAN ALI

JUDGEMENT

(1.) CHALLENGE is to the Order No. 26 dated August 28, 2012 passed by the learned Civil Judge (Junior Division), 2 nd Court, Burdwan in Title Suit No.105 of 2010 thereby rejecting an application under Section 151 of the CPC for giving police help prayed for the plaintiff.

(2.) THE plaintiff/petitioner herein instituted the aforesaid suit before the learned Civil Judge (Junior Division), 2 nd Court, Burdwan against the defendant/opposite party herein for declaration of plaintiff 's right, title and interest as developer in the construction of 'B ' schedule property, permanent injunction and other reliefs. In that suit, the plaintiff filed an application for temporary injunction and that application for temporary injunction under Order 39 Rule 1 & 2 of the CPC was allowed on contests restraining the defendant from interfering with the plaintiff 's peaceful possession and construction over the suit property till the disposal of the suit and/or until further orders. THEreafter, the plaintiff filed an application for implementation of that order with police assistance and that application was rejected by the impugned order. Being aggrieved, this application has been preferred.

(3.) THE learned Advocate for the opposite party has also referred that the opposite party instituted a criminal case against the petitioner and the plaintiff was arrested on the basis of the complaint and thereafter, he was released on bail. In this regard, I am of the view that the criminal matter shall be disposed of in accordance with the law of the land and so, for that reason, the prayer for police help cannot be refused, if the situation demands, rendering police assistance. So, the submission of the learned Advocate for the opposite party in this regard cannot be accepted. In that view of the matter, I am of the opinion that the learned Trial Judge was not justified in rejecting the prayer for rendering the police assistance.