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2023 Supreme(Cal) 1332

SIDDHARTHA ROY CHOWDHURY
Biki Prasad Jaiswal – Appellant
Versus
Dinesh Prasad Jaiswal – Respondent


Advocates Appeared:
For the Petitioners: Mr. Bikramaditya Ghosh, Ms. Supriya Singh.
For the Opposite Party : Mr. Kunaljit Bhattacharjee, Mr. Alok Shah.

JUDGMENT :

Siddhartha Roy Chowdhury, J.

1. This application under Article 227 of the Constitution of India impeaches the order dated 1st August, 2023 passed by learned Civil Judge (Junior Division), Alipurduar in Title Suit No. 552 of 2015. By the order impugned learned Trial Court in exercise of inherent power conferred under Section 151 of the Code of Civil Procedure directed the Officer-in-charge, Jaigaon Police Station to ensure proper implementation of order of status quo passed by learned Trial Court while disposing off the petition for injunction and also to ensure restoration of possession of the plaintiff to the suit property and to submit a report of compliance.

2. For the sake of convenience and brevity the parties would be referred to as they have been arrayed before the learned Trial Court.

3. Briefly stated, the plaintiff Dinesh Prasad Jaiswal filed the suit for declaration and injunction against the defendants registered as Title Suit No. 552 of 2015, contending, inter alia, that the defendant no. 1 inducted the plaintiff as tenant in respect of suit property at monthly rental of Rs.3000/-per month which was increased from time to time and last paid rent amount was Rs.15

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