BIMAL KUMAR RAKSHIT Vs. PRAKASH KUMAR MITRA

JUDGEMENT

(1.) This revisional application under Sec. 115 of the Code of Civil Procedure is at the instance of a Defendant in a suit for declaration of title and permanent injunction and is directed against Order No. 8 dated Aug. 29, 1997 passed by the learned District Judge, Hooghly in Misc. Appeal No. 69 of 1997 thereby setting aside the Order No. 20 dated July 22, 1997 passed by the learned Civil Judge, Junior Division, 1st Court, Hooghly in title Suit No. 120 of 1997.

(2.) It appears from the record that the present Petitioner filed an application under Sec. 144 of the Code of Criminal Procedure before the Court of Executive Magistrate which was ultimately converted into a proceeding under Sec. 145 of the Code of Criminal Procedure as according to the Petitioner, he was dispossessed during the pendency of the proceeding. The aforesaid proceeding gave rise to M.P. Case No. 1010 of 1994.

(3.) After contested hearing the Executive Magistrate, Hooghly held that the Petitioner was previously in actual possession of the suit property and the opposite party No. 1 forcibly dispossessed the Petitioner during the pendency of the proceedings. By the said order dated June 5, 1995 the opposite party No. 1 was directed to deliver possession of the disputed property to the Petitioner within one month from the date of receipt of the said order.