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Biswanath Ghosh vs Kasem Ali Gazi

Calcutta High Court · Decided on 6 July 2010 · Citation: (2011) 3 CHN 598

HON’BLE JUDGES
Raghunath Bhattacharya, J
ACTS & SECTIONS REFERRED
Civil Procedure Code, 1908 (CPC) — Order 39 Rule 1, Order 39 Rule 2, Order 39 Rule 4, 151
CASE NUMBER
C.O. No. 2413 of 2008
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Judgment

6 paragraphs · 232 words

Raghunath Bhattacharya, J.—Heard learned Advocate for the petitioner. None appears on behalf of the opposite party.

2.

This is a suit for permanent injunction. The petitioner has filed an application under Order 39 Rules 1 and 2 before the Court below and after contested hearing, got an order of status quo as on that date. The petitioner submitted that he has not filed an application under Order 39 Rule 4 but filed an application for police help u/s 151 of the CPC praying for implementation of the order of injunction passed by the learned Court below and upon hearing both the sides, the learned Court below has been pleased to reject the application for police help.

3.

It is submitted by the learned Lawyer for the petitioner that in spite of order of status quo, the opposite parties are violating the spirit of the order. So in order to implement the order of the learned Court below, the prayer for police help should be allowed.

4.

Let the order passed by the learned Court below rejecting the police help stands rejected.

5.

As the opposite party had deliberately violating the order of status quo so for the implementation of the order, the prayer for police help is hereby allowed.

6.

Learned Lawyer for the petitioner is hereby directed to take appropriate steps for implementation of the order by observing the necessary formalities.