PRAFULLA DAS Vs. MAHADEV MAITY
LAWS(CAL)-2013-9-130
HIGH COURT OF CALCUTTA
Decided on September 30,2013

Prafulla Das Appellant
VERSUS
Mahadev Maity Respondents

JUDGEMENT

- (1.) Let the affidavit -of -service filed in Court today be kept with the record.
(2.) However , on call none appears for the opposite parties/defendants.
(3.) The plaintiffs have filed this application under Article 227 of the Constitution of India challenging order dated 11th January, 2011 passed by the learned Civil Judge (Junior Division), Kakdwip, 24 -Parganas (South) in Title Suit No. 184 of 2009. It is the case of the plaintiffs that after purchase of the suit property they were in possession of the same through cultivation and that as defendants were disturbing in their possession, they were compelled to file suit for declaration of title, permanent injunction and other consequential reliefs. It is further case that the learned Court was pleased to allow an ad interim order of injunction directing the parties to maintain status quo in respect of the suit property till 18th December, 2009 vide order dated 26th November, 2009. It is submitted that the said interim order was extended from time to time. It is the specific case that the petitioners/plaintiffs filed one application under Section 151 of the Code of Civil Procedure dated 11th November, 2010 alleging that the opposite parties/defendants were threatening to illegally harvest the. crop from the suit land in violation of the order of injunction and that though the plaintiffs lodged a General Diary in the local Police Station being G.D. No. 575 dated 10th November, 2010 but police were reluctant to extend any help to the plaintiffs in absence of any specific Court 's order. Accordingly, the plaintiffs prayed for issue of necessary direction from the side of the Court for maintaining the order of status quo with police help. Learned trial Court rejected said application for police help by the order impugned.;


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