MAMLAT SHEIKH Vs. NASER SHEIKH

JUDGEMENT

(1.) By an order dated 14th February, 2017 passed in Title Suit No. 84 of 2016 by the learned Civil Judge (Junior Division), 2nd Court at Krishnanagar, Nadia injunction was ordered under Order 39, Rules 1 and 2 read with Section 151 of the Code of Civil Procedure in favour of the plaintiff restraining the defendants from dispossessing the plaintiff from the suit property. Despite such injunction, the opposite parties are stated to have dispossessed the plaintiff. Upon the plaintiff seeking police help and violation of the order of injunction, the Court below received a report from the Nakashipara Police Station, inter alia, stating that the defendants/opposite parties are in possession of the suit property. It is further evident from the report that the police authorities have stated that the opposite parties may have been in possession even prior to the order of injunction.

(2.) The above appears to be a story concocted by the opposite parties, who have blatantly violated an order of injunction restraining them from dispossessing the plaintiff. It further appears that even at the time of passing of the original order of injunction, the opposite parties have not been able to demonstrate before the Court that the plaintiff was not in physical possession of the suit property. No steps have been taken to challenge the order of injunction passed by the Court below. In those circumstances, this Court is of the view that the Court below acted with material irregularity in passing the order dated 10th August, 2017 rejecting the prayer of the revisionist.

(3.) In the circumstances, the Officer-in-charge of Nakashipara Police Station shall, with the help of sufficient force, take possession of the suit property and if necessary by removing the opposite parties therefrom and restore possession of the same to the revisionist within a period of three weeks from the date of communication of a copy of this order. It is made clear that the possession of the plaintiff shall continue and abide by the final result of the title suit.