KEYPEE ENTERPRISE Vs. SANTOSH KUMAR SARAOGI AND ORS.

JUDGEMENT

(1.) In this application the petitioner challenges the order impugned No.45 dated 9th August 2011 passed by the Ld. 11th Bench, City Civil Court at Calcutta in Title Suit No. 2838 of 2008.

(2.) By the order impugned the Ld. 11th Bench was pleased to reject the application filed by the petitioner as plaintiff praying for police help under Section 151 CPC. The Ld. Trial Court was of the view that in a pending matter before this Court connected to the subject premises being CS 128 of 2008, an Hon'ble Single Bench of this Court was pleased to appoint a Ld. Special Officer for looking after the amenities to be enjoyed by the tenants of the subject premises. In such view of the matter the Ld. Trial Court was of the further view that since a Ld. Special Officer already stood appointed there is no need to refer the matter to the police.

(3.) Accordingly, the petition under Section 151 CPC stood rejected. However, the petitioner-plaintiff was granted the relief of invoking the provisions of Order 39 Rule 2A CPC in the event there is any violation of the order of injunction.