Calcutta High Court (Appellete Side)
22/2011 on 22 November, 2011
Author: Prasenjit Mandal
Bench: Prasenjit Mandal
11.11. C.O. 22 OF 2011 Mr. P.P. Roy...for Petitioner This application is at the instance of the defendant is directed against the order no.5 dated December 16, 2010 passed by the Learned Civil Judge, Junior Division, 3rd Court, Howrah, in Title Suit no. 189 of 2010 thereby allowing an application under section 151 of the C.P.C. for police help.
The plaintiff-opposite party herein instituted a suit for declaration, permanent injunction and other reliefsagainst the defendant in respect of the suit property as mentioned in the schedule of the plaint. At the time of filing of the suit, he filed an application for temporary injunction and prayer was made for ad-interim injunction which was granted. Subsequently, an application was filed under section 151 of C.P.C. for rendering police help for implementation of the ad-interim order. That application was allowed by the impugned order. Being aggrieved, this application has been preferred.
Upon hearing the learned advocate for the petitioner and on going through the materials on record, I find that ad-interim order for injunction was granted only on 09.12.2010 and the requisite was filed on 10.12.2010 and 13.12.2010 then the record was put up on 16.12.2010 and the application was filed for rendering police help. The application was allowed on that very day. It does not appear that notice was served at that time and on the basis of the ad-interim order, the prayer for police help was sought for. As to the nature of the ad- interim order, I find that the Learned Trial Judge has restrained the petitioner from making any obstruction in raising a boundary wall in the suit property. Since it does not appear that notice has been served, I am of the view that the impugned order is not proper.
Accordingly, the said order needs to be set aside. The revisional application succeeds. It is, therefore allowed. The impugned order is hereby set aside.
Let urgent xerox certified copy of this order, if applied for, be supplied to the learned advocates appearing for the parties.
(PRASENJIT MANDAL-J)