Syed Rabbani Ali & ORS v. Haliman Bibi

(16) 12.05.2022 (p.jana)

IN THE HIGH COURT AT CALCUTTA

CIVIL REVISIONAL JURISDICTION CO No. 320 of 2018 (IA No: CAN 1/2019)(Old No: CAN 1307/2019) Syed Rabbani Ali & ors.

-versus- Haliman Bibi Mr. Krishna Das Poddar, ... for the petitioners.

The revisional application under Article 227 of the Constitution of India is at the instance of the plaintiffs in a suit for declaration of title and injunction which is directed against the order no. 4 dated December 21, 2017 passed by the 1st Court of learned Civil Judge (Junior Division) at Barasat, District : 24 Parganas(North).

The learned Trial Judge by the order impugned has dismissed an application filed by the petitioners seeking Police help to implement the ad interim order of injunction passed in the said suit.

This Court although is not approving the ground on which the said application has been dismissed but the application since does not disclose any such extraordinary situation warranting intervention of Police in civil matters, is not inclined to interfere with the order impugned. CO 320 of 2018 is dismissed without any order as to costs.

In view of dismissal of the revisional application, the application for urgent hearing being IA No: CAN 1 of 2019

(Old No: CAN 1307 of 2019 has become infructuous and is also dismissed accordingly.

The learned Trial Judge is requested to expedite the disposal of the suit.

Urgent photostat certified copy of this order, if applied for, be supplied to the party subject to compliance of all requisite formalities.

(Biswajit Basu, J.)