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Calcutta High CourtCO/3250/2025dismissed

Sukdeb Hatui v. Badal Chandra Hatui

2025-09-03Hon'Ble Justice Hiranmay Bhattacharyya2 pages

Sl.30 03.09.2025 Court No.6 BP C.O. 3250 of 2025 Sukdeb Hatui -versusBadal Chandra Hatui Mr. Aritra Shankar Ray ... for the petitioner This application under Article of the Constitution of India is at the instance of the plaintiff and is directed against an order dated June, 25, 2025 passed by the learned District Judge, Midnapore, Paschim Medinipur in Misc. Appeal No. 26 of 2025.

By the order impugned the application under Section 151 of the Code of Civil Procedure praying for police help for implementation of the ad interim order of injunction in miscellaneous appeal stood rejected. The learned judge of the appellate court after taking note of the averments made in the injunction application arrived at a factual finding that the construction which is alleged to be made by the opposite party herein is not included in the suit property. The prayer for police help was rejected by assigning the cogent reasons.

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

Accordingly, C.O. 3250 of 2025 stands dismissed. There shall be, however, 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.)