Aslam Sk And ANR v. M/S S D Infrastructure And ORS

22.08.2024 (D/L-13) Ct.-19 (Susanta)

IN THE HIGH COURT AT CALCUTTA

CIVIL REVISIONAL JURISDICTION C.O. 2913 of 2024 Aslam Sk. & Anr.

-VsM/s. S.D Infrastructure and Real Estate Private Limited & Ors.

Mr. Habibur Rahaman, Mr. Kapil Guha, Mr. Archisman Singh, ... For the Petitioners.

Mr. Indranil Roy, Mr. Suvradal Choudhury .... For the Opposite Parties.

Affidavit-of-service filed on behalf of the petitioners be kept with the record.

The plaintiff in a suit for partition are the petitioners of the instant revisional application under Article 227 of the Constitution of India which is directed against order dated May 13, 2024 passed by the 10th Court of learned Civil Judge (Senior Division), Alipore in the said suit being in Title Suit No. 437 of 2022.

The learned Trial Judge by the order impugned has dismissed an application filed by the petitioners for police assistance for implementation of the order of injunction passed in the said suit.

Mr. Indranil Roy, learned advocate appears on behalf of the plaintiffs, the opposite parties herein and submits that an appeal is pending against the said order of injunction.

The order of injunction since has not attained finality; the said order cannot be implemented by police assistance.

C.O. 2913 of 2024 is disposed of with the above observations without any order as to costs. Parties to act on the server copy of this order duly downloaded from the official website of this Court.

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

(Biswajit Basu, J.)