Narayan Paira And Another v. State Of West Bengal And ANR

Form J(1) IN THE HIGH COURT AT CALCUTTA Criminal Revisional Jurisdiction Appellate Side Present :

The Hon'ble Justice Bibek Chaudhuri CRR 1114 of 2023 Narayan Paira & Anr.

Vs.

State of West Bengal & Anr.

For the petitioner :

Mrs. Pampa Dey Dhabal Judgement on :

06.04.2023.

Bibek Chaudhuri, J.

The petitioner no. 1 is the husband of the opposite party no. 2. Due to matrimonial discord, the opposite party no. 2 by filing an application under Section 145 of the Code prayed for protection of her right over a piece of land. The petitioners being aggrieved has filed the instant revision praying for setting aside the order dated 9th February, 2023 passed by the learned Executive Magistrate, Kakdwip. The petitioner no. 1 claims that he is the recorded owner of the property. He becomes the owner of the property by virtue of a deed of gift. But taking advantage of the impugned order, his wife is disturbing his possession over the disputed property. I have perused the order passed by the learned Executive Magistrate. He by passing an interim order has protected the right of

the recorded owner. I do not find any illegality in the impugned order.

Moreover, the dispute between the parties is civil in nature. So, I do not find any merit in the instant revision. The application is summarily dismissed.

(Bibek Chaudhuri, J.) Srimanta, A.R.(Ct.) Item No. 09.