Calcutta High Court (Appellete Side)
172/2010 on 25 August, 2010
Author: Prasenjit Mandal
Bench: Prasenjit Mandal
1 25.08.10
C.O. 172 of 2010 78 Mr Susenjit Banik ........ For the petitioner.
Heard learned advocate for the petitioner. The petitioner has come up when the prayer for police help was granted by the impugned order dated 17.12.2009 passed by the Civil Judge (Junior Division), 2nd Court at Ranaghat in Title Execution Case no. 16 of 2004 Upon perusal of the material placed in support of the application I find that a Title Suit filed by the Opposite Party in all levels. The decree for ejectment was passed against the petitioner. He preferred an appeal which was lost. Thereafter, execution application was filed for recovery of possession.
In that application, the petitioner filed an application under Section 47 of the Civil Procedure Code, which was also dismissed for default. The process server went to deliver possession and he was resisted from delivery of possession with regard to the property in question.
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Under such circumstances, prayer for police help was granted by the impugned order.
This being the position, I am of the view, that this application is without any substance and it has been filed only to delay the process of execution.
Accordingly, the application is dismissed in limine. Urgent xerox certified copy, if applied for, be given to the learned counsel for the petitioner upon compliance of necessary formalities.
(PRASENJIT MANDAL, J.)