ANUP KUMAR ROY Vs. UTPAL CHAKRABORTY

JUDGEMENT

(1.) This application made under Article 227 of the Constitution of India is directed against order no.14 dated 18th June, 2013, made by the Court of Civil Judge, 2nd Court, Maldah, whereby, inter alia, an application under Section 151 of the Code of Civil Procedure made by the plaintiffs seeking intervention of the local Police Station for implementation of status quo order passed earlier, was rejected.

(2.) By order no.8 dated 6th March, 2013, made on the injunction application of the plaintiffs it was found from a bare reading of plaint, the plaintiffs have been admitted as commission agent of the defendants/ owners of the suit land. Considering the mischief or inconvenience which may likely to be caused by refusing injunction will be greater than which is likely to arise from granting the same, the learned Court was of the opinion there should be a status quo injunction order till disposal of the suit and ordered accordingly.

(3.) Mr. Mukherjee, learned senior advocate appearing on behalf of the petitioners/plaintiffs submitted the learned Court below misdirected itself in refusing intervention by the police for implementation of the said order of status quo. He relied on the judgments (Meera Chauhan versus Harsh Bishnoi and another, 2007 12 SCC 201), (Paresh Chandra Roy versus Bikash Kumar Das, 2010 2 CalLJ 110) (Charubala Dev Nath versus Niranjan Pathak, 1993 AIR(Cal) 288) to submit it was well-settled the Court could invoke its inherent powers to direct the police to render assistance for the purpose of implementation of an order passed by it.