Sk. Abdul Halim v. State Of West Bengal And ORS.

13.06.2023 Item No.6.

Court No.13.

AB WPA No.6053 of 2023 Sk. Abdul Halim Vs The State of West Bengal & Others Ms. Lopa Mudra Moitra ...for the Petitioner.

Mr. Nilotpal Chatterjee, Ms. A. P. Moulick ....for the State.

Affidavit of Service filed in Court today be kept on record.

The petitioner is aggrieved that an order dated November 24, 2022, passed by Civil Judge (Junior Division), Paschim Medinipur in Title Suit No.295 of 2021, has not been complied with. The private respondents are disturbing peaceful possession of the plaintiff.

The report of the Salboni Police Station is that there are three civil suits in the matter being T. S. No.290 of 2021; T. S. No.295 of 2021 and T. S. No.78 of 2023.

There is an order of injunction passed in Title Suit No.78 of 2023 in favour of the private respondent, which may run counter to the order of injunction passed in favour of the petitioner.

The Salboni Police Station shall ensure that there is absolutely no change of character of

construction on the property in question by any of the parties.

The parties may approach a Civil Court where two of the three suits are pending for appropriate orders of modification and this order shall be subject to any order that may be passed by the Civil Judge in the three suits.

Let a copy of this order be placed before the District Judge, Paschim Medinipur for appropriate orders of transfer of the three suits to one Bench. Let a copy of this order be served on the private respondents.

WPA No.6053 of 2023 stands, accordingly, disposed of.

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.)