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IN THE HIGH COURT AT CALCUTTA
HIRANMAY BHATTACHARYYA
Halim Molla – Appellant
Versus
Mohibul Molla – Respondent
JUDGMENT :
Hiranmay Bhattacharyya, J.:-
1. This application under Article 227 of the Constitution of India is at the instance of the defendant and is directed against an order dated May 15, 2025 passed by the learned Civil Judge (Junior Division), First Additional Court, Alipore, District 24 Parganas (South) in Title Suit No. 2113 of 2024.
2. By the order impugned, the application under Section 151 of the Code of Civil Procedure praying for implementation of the order dated 18.12.2024 with police help stood allowed.
3. The opposite party herein filed a suit for declaration that he is the sole and absolute owner of one shop room under the name and style of M/s. Tul Tul Bhandar and for permanent injunction restraining the petitioner, his men and agents from interfering with the smooth running of the business by the opposite party and from entering into the suit shop room forcibly and from disturbing the peaceful possession, use and occupation of the opposite party in the suit shop room.
4. In connection with the said suit the opposite party herein filed an application under Order XXXIX Rule 1 and 2 read with Section 151 of the Code of Civil Procedure inter alia praying for an order of tem
Court emphasized that police assistance for enforcing injunction should be based on established possession and proper findings, rejecting reliance on mere allegations.
An ad interim injunction order cannot be enforced with police assistance unless the parties' rights have been unambiguously determined at an interlocutory stage.
Police aid in civil matters requires substantial evidence of threat or violation, not mere claims. Courts exercise this power with caution and discretion, emphasizing the need for a high standard of ....
Courts may direct police assistance under inherent powers to enforce interim status quo orders, upholding their majesty and protecting vulnerable parties like senior citizens from interference and di....
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