Shri. Sandeep Prasad And ANR v. Smti.Madhuri Devi

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] *** CO/7/2025 Shri Sandeep Prasad and Another Vs.

Smti. Madhuri Devi Mr. Rakesh Kumar .... for the petitioners Mr. Gopala Binnu Kumar ... for the respondent March 11, 2025 [SR] Item No.8 1.

The impugned order was passed in an application under section 151 of the Civil Procedure Code taken out by the plaintiff for proper implementation of the ad interim order dated 26th December, 2023. The application for interim prayer filed under Order 39 Rule 1 and 2 is still pending. The petitioners have filed their objection. However, in the meantime, the aforesaid application was taken out for implementation of the order dated 26th December, 2023. The said order was passed ex parte. The present petitioners have not filed any application for vacating and/or modification of the said order. 2.

Learned counsel for the petitioners submit that, without giving an opportunity to the petitioners, an order was passed directing the SHO, Aberdeen Police Station to take necessary steps to restrain the defendant No. 2 from carrying replacement and/or renovation work standing in the Schedule A property annexed with the petition filed along with the application under section 151 of the Code of Civil Procedure till further order. 3.

Learned counsel for the petitionesr submits that Schedule A property consists of two survey numbers and the interim

order was limited to survey No. 1014/2 measuring an area of 514 Sq.mtrs.

4.

This Court clarifies that the impugned order to the extent that the Schedule A property over which direction has been given by the Joint Civil Judge, Senior Division, Port Blair shall be restricted to survey No. 1014/2 measuring an area of 514 Sq.mtrs.

5.

This application is accordingly disposed of with the aforesaid clarification and also requested the learned trial court to dispose of the injunction application on merits as expeditiously as possible.

( Soumen Sen, J. )