OM PRAKASH BAHETI Vs. NARAYAN PAUL

JUDGEMENT

(1.) THE instant revisional application is arising out of an order dated 3rd February, 2012 passed by the learned City Civil Court at Calcutta, 10th Bench, in Title Suit No.17 of 2011.

(2.) THE petitioner filed an application under Section 151 of the Code of Civil Procedure for police help. THE learned Court by the impugned order considered two applications, one filed by the plaintiff under Section 151 of the Code of Civil Procedure for police help and another application filed under Order 39 Rule 1 and 2 read with Section 151 of the Code of Civil Procedure, for removal of rolling shutter of the plaintiff?s shop room to the original position as it was prior to 16th December, 2010 on the ground that the plaintiff removed the previous rolling shutter and re-installed the same with a new one which was outside the original position of the plaintiff?s shop room.

(3.) ON an application filed by the petitioner for repairing of the said shop room, an order was passed on 4th February, 2011, recording that a settlement has been reached between the parties to the suit in respect of their respective tenanted portion in presence of Officer-in-Charge, Amherst Street including the local Police Station and certain terms have been agreed upon and acted upon by the parties. The said order refers to the settlement on behalf of the defendant that there would be no objection if the said shop is repaired as per the terms of the settlement dated 20th December, 2010.