Court emphasized that police assistance for enforcing injunction should be based on established possession and proper findings, rejecting reliance on mere allegations.

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 temporary 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 property forcibly and from disturbing the peaceful possession, use and occupation of the opposite party in the suit shop room and from causing any disturbance at the time of supervision, maintenance, preservation and protection of the suit shop room by the opposite party.

5. Upon hearing the plaintiff/opposite party herein, the learned Trial Judge passed an order dated December 18, 2024 thereby restraining the petitioner and his men and agents from disturbing the peaceful possession of the opposite party in any manner whatsoever till January 16, 2025.

6. The opposite party herein filed an application under Section 151 of the Code of Civil Procedure on February 7, 2025 praying for a direction upon the Officer-in-Charge of the local police station to maintain the solemn order dated December 18, 2024 passed by the learned Trial Judge. It was stated in the said application that on January 14, 2025 the petitioner along with his wife and two daughters tried to enter the shop room and the opposite party objected to such activity and tried to expel the persons out of the shop room. It was further stated in the said application that the opposite party was assaulted by the wife and daughter of the petitioner and they snatched all the documents of the plaintiff/ opposite party from the shop room. The opposite party claims to have informed the police and the police authority rescued the opposite party from such situation. It has been further stated in the said application that the opposite party lodged an FIR before the local police station.

7. After entering appearance in the said suit, the petitioner herein has filed the written statement denying the material allegations contained therein.

8. The petitioner filed a written objection against the application filed by the opposite party under Section 151 of the Code of Civil Procedure praying for police help. The petitioner herein denied that he along with his wife and two daughters entered into the shop room and started threatening the opposite party with dire consequences. The petitioner also denied that the wife and the daughters of the petitioner assaulted the opposite party and snatched the documents of the opposite party in