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Calcutta High CourtWPA/145/2021disposed

Chhunnat Mondal v. State Of West Bengal And ORS.

2021-08-24Hon'Ble Justice Rajasekhar Mantha2 pages

24-08-2021 ct no. 13 Sl. 105 sayandeep W.P.A. 145 of 2021 Chhunnat Mondal -VersusThe State of West Bengal & Ors.

(Via Video Conference) Mr. Jahar Lal Roy Mr. Kavita Rani ...for the petitioners Despite service of notice, the respondents are not represented. The affidavit of service filed in court today be kept on record.

The petitioner has obtained a decree dated 26th September, 2001 from the Court of Munsif, Civil Judge(Junior Division), Baruipur in T.S. Case no. 158 of 1998. Notwithstanding such decree and physical possession of the property in question the private respondents are attempting to dispossessed him.

The normal remedy of the petitioner would be to seek execution of the decree in question. Be that as it may, the Officer-in-Charge, Kultali Police Station shall ensure that there is no breach of peace in the area and that the private respondents do not in any way disturb the petitioner's possession.

In the event of any dispute as regards actual possession of the property, the parties may agitate the same before the civil Forum.

With the aforesaid observations, WPA 145 of 2021 is thus disposed of.

There will be no order as to costs.

All parties are directed to act on a server copy of this order duly downloaded from the official website of this Court (Rajasekhar Mantha, J.)