LAWS(CAL)-2017-10-18

SK BADRODDOZA Vs. SK ABDULLAH

Decided On October 23, 2017
Sk Badroddoza Appellant
V/S
Sk Abdullah Respondents

JUDGEMENT

(1.) Heard Mr Prasanta Kumar Banerjee assisted by Mr Subir Banerjee appearing for the petitioner, while there is no representation on behalf of the opposite party.

(2.) The petitioner has come up before this court under Article 227 of the Constitution of India assailing Order No.41 dated September 14, 2016 passed by learned Civil Judge (Jr. Division), Kalna, Burdwan in connection with Title Execution Case No.4 of 2011 arising out of Title Suit No.133 of 2002 (Sk. Badroddza v. Sk. Abdullah).

(3.) Mr Banerjee submitted that while there is a decree passed by learned trial court in favour of his client, then his client should be protected in all respects. Submitted further that on earlier two occasions his client was prevented from enjoying peaceful possession in the subject property by the opposite party, and pursuant to the order of learned executing court police protection was availed of during harvesting season.