FREEHOLD PROMOTERS LLP Vs. BISWAS PAL

JUDGEMENT

(1.) This is an application filed by the defendants in a suit for declaration and permanent injunction pending before the learned Civil Judge (Senior Division), 5th Court at Alipore, Dist. - 24 Parganas (South). The petitioners are aggrieved by the orders dated November 7, 2019 and December 9, 2019, passed by the learned court below in Title Suit No. 1064 of 2019. By the order dated November 7, 2019, the learned court below allowed police help on an application under Section 151 of the Code of Civil Procedure filed by the opposite parties. The opposite parties claimed that the defendants had been continuously violating the order of the court and, as such, they should be granted an order of police help to implement the order of status quo. By an order dated October 30, 2019 both the parties were directed to maintain status quo with regard to the possession, construction, nature, character of the suit property and ownership thereof. The suit property comprises of 82 decimals of land lying in Mouza - Barakhola, J. L. No. 21, R.S. Dag No. 101 recorded under R.S. Khatian No.5/160, P.S. - Purba Jadavpur, District - South 24 - Parganas.

(2.) It is the contention of the opposite parties in the plaint that they are the owners of the suit property which has been demarcated by a boundary wall and the defendants were trying to trespass into the said property and storing building materials. The opposite parties prayed for recovery of khas possession of the suit property by evicting the defendants and for other consequential reliefs. After the grant of the order of status quo, the plaintiffs were directed to comply with the provisions of order 39 Rules 3(a) and 3(b). The next date was fixed on November 14, 2019. On November 7, 2019 prior to the date fixed by the learned court, the opposite parties filed an application under Section 151 of the Code of Civil Procedure for police help alleging that despite the order of status quo, the petitioners were continuing with the construction work in violation of the order of status quo. The learned court below upon hearing the learned counsel for the parties thought it necessary to direct the O.C., Survey Park Police Station to look into the matter and keep the order of the court in force if and when necessary.

(3.) It is not clear from the order whether the application under Section 151 of the Code of Civil Procedure was kept pending or disposed of. However, records reveal that the same was not served upon the petitioners and the petitioners could not appear before the Court on that date.