Nur Box v. State Of West Bengal & ORS.

29.11.2022.

Court No.13 Item No. 413 ap W.P.A. No. 3475 of 2020 Nur Box

Versus

State of West Bengal & Ors.

Ms. Rima Das.

...For the petitioner.

Mr. Santanu Kumar Mitra, Mr. Mirza Kamruddin.

...For the State.

Mr. Sarbananda Sanyal.

...For the private respondent.

The petitioner has obtained a decree dated 24th February, 2012 passed in Title Suit No. 89 of 2003 by the Court of the learned Civil Judge (Junior Division) Lalbagh at Murshidabad for declaration and permanent injunction.

When the private respondents continued to obstruct and violate the decree, a Co-ordinate Bench of this Court directed implementation of the decree by the concerned Police in W.P.A. No.9848 (W) of 2019. Having considered the facts of the case and in the light of the prayer that the private respondents are violating the decree, this Court is of the view that the petitioner's remedy lies in seeking execution of such decree against the private respondents.

The Officer-in-charge, Raninagar Police Station shall strictly implement any order that may be passed by the Civil Court, as referred to hereinabove.

With the aforesaid directions, the instant writ petition shall stand 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.)