Nilima Debnath And ANR v. Bibhranta Pradhan And ORS

12.06.2025 Mithun List -D/L Sl. No. 19.

Ct. No. 06.

CO 1917 of 2025 Nilima Debnath & Anr.

-Vs.- Bibhranta Pradhan & Ors.

Mr. Sabyasachi Chatterjee, Mr. Akashdeep Mukherjee ...for the petitioners.

The application under Article of the Constitution of India is at the instance of the plaintiff and is directed against an order dated 11th of March, 2025 passed by the learned Civil Judge (Junior Division) at Kakdwip in Title Suit No.237 of 2023.

By the order impugned the application under Section 151 of the Code of Civil Procedure filed by the defendants/opposite party herein praying for a direction upon the police authorities to implement the order of status quo dated 17th of October, 2023 stood allowed. Mr. Chatterjee, learned Advocate appearing for the petitioners submits that though the application filed by the defendants praying for police help for implementation of the order of status quo was allowed but the similar application filed by the petitioner for such implementation stood rejected by the impugned order. This Court finds that the learned Trial Judge by an order dated 17th of October, 2023 passed an ad interim

order directing both the parties to maintain status quo in respect of nature, character, interest and possession over the schedule mention suit property for a limited period.

Mr.

Chatterjee, learned Advocate, for the petitioners, in his usual fairness submits that the application for injunction is still pending considering before the learned Trial Judge. However, the fact remains that the learned Trial Judge, by the order impugned, directed the Officer-in-Charge of Namkhana Police Station to maintain strict vigil so that both the parties abide by the order dated 17th of October, 2023 in respect of injunction. Thus, this Court finds that the interest of the respective parties have been adequately safeguarded by the impugned order.

For such reasons, this Court is not inclined to interfere with the order impugned .

With the above observation, C.O.1917 of 2025 stands disposed of.

No order as to costs.

Urgent certified photocopy of this order, if applied for, be supplied to the parties expeditiously on compliance of usual legal formalities.

(Hiranmay Bhattacharyya, J.)