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2012 Supreme(Cal) 1019

SOUMEN SEN
Radha Rani Basak – Appellant
Versus
Niva Alias Sankari Bose – Respondent


Advocates Appeared:
For Appellant/Petitioner/Plaintiff: Jahar Chakraborty and Sabita Mukherjee
For Respondents/Defendant: Kamalesh Jha, Ashis Santra and Enakshi Mitra

JUDGMENT

Soumen Sen, J.

1. The order dismissing the application filed by the decree-holder under section 151 of the Code of Civil Procedure for direction upon the Deputy Commissioner of Police (North), Calcutta to provide police assistance to the Bailiff in restoring possession of the suit room after issuing a writ for recovery of possession is the subject-matter of challenge in this revisional application. In order to decide the legality and propriety of the impugned order, some of the relevant facts are required to be taken into consideration. The petitioner/plaintiff decree-holder instituted a suit for eviction of one Dukhiram Bose in the City Civil Court at Calcutta being Ejectment Suit No. 591 of 1984. The defendant appeared and contested the said suit. Upon contest a decree was passed in favour of the plaintiff on 18th September, 1995. Dukhiram being aggrieved by the said decree preferred an appeal and the Appellate Court by an order dated 23rd November, 2001 affirmed the decree of the Trial Court. In the meantime and during the pendency of the appeal, the plaintiff filed an application for execution of the decree being EjectmeExecution Case No. 299 of 2000. In the execution pr








































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