SAYED EKRAM SAHA Vs. HAROON KHAN

JUDGEMENT

(1.) The petitioner's prayer to provide police assistance for implementation of the interim order having being refused by the Trial Court, he has approached this Court in the present application filed under Article 227 of the Constitution of India.

(2.) Short facts of the case are that the petitioner is the plaintiff in C.S. No.607 of 2021 in the Court of learned Civil Judge, (Jr. Division), Bhadrak filed by him for partition and permanent injunction claiming 1/3rd share of the suit property. The plaintiff claims to be in possession of a specific portion of the suit land occupied by him as per mutual arrangement and convenience of the parties, though the property has not yet been partitioned by metes and bounds. For necessity, the plaintiff began constructing a house. At the time of casting of the roof, the present Opposite Party- defendant raised serious objection and did not allow him to proceed with the construction and also threatened to demolish the half-constructed building.

(3.) Since the efforts of the plaintiff for amicable settlement and partition of the property did not yield any result, he was constrained to file the suit. In view of the impending threat of demolition of the half-constructed house, the plaintiff also filed an application for injunction being I.A. No.1 of 2022 in the suit under Order XXXIX Rules 1 and 2 of CPC.