Jyotirmay Bhattacharya, J. - (1.) The respondent no. 11, namely, Sudip Mitra, who was the owner of the flat in question, gifted the said flat in favour of his mother, namely, Smt. Purnima Mitra by a Registered Deed of Gift dated 13th January 2015. There are marital discord between the respondent no. 11 and his wife, namely, the respondent no. 7.
(2.) The mother of the respondent no. 11, namely, Smt. Purnima Mitra filed a writ petition seeking police help for restoration of her possession in the flat in question. She alleged that she had been wrongfully dispossessed by her daughter-in-law, namely, the respondent no. 7 herein. The said writ petition being W.P. No. 3865 (W) of 2016 was dismissed by the learned single judge of this court on 11th March 2016 by holding that the dispute between the parties mentioned in the writ petition is a dispute of civil nature and as such the writ petitioner ought to have pursued the channel of the civil litigation for the relief, she claimed in the writ petition. The legality of the said order is under challenge in this mandamus appeal at the instance of the mother of the respondent No. 7.
(3.) We do not find any illegality in the order impugned as we concur with the findings of the learned single judge of this court that the dispute which is involved between the parties is a civil dispute which is required to be resolved before the Civil Court of competent jurisdiction. Dispute regarding the rival claims of the parties over possession of an immovable property is a dispute, which is required to be resolved by a trial of evidence. The writ court cannot resolve such dispute conveniently, as no machinery is available to the writ court for resolving such dispute by conducting trial on evidence. That apart since alternative remedy is available to the appellant and the said alternative remedy is more efficacious, the writ court, in our view, rightly delivered to interfere in this matter.;