D/L- 28

24/09/2025

Ct. No.-6

Aritra C.O. 3511 of 2025

Md. Golam Rahaman Satiulla @

Golam Rahaman Safiulla

Vs.

Md. Sariful Islam

Mr. A. Chakraborty

Mr. Sarada Prasad Roy

.…for the petitioner

This application under Article 227 of the

Constitution of India is at the instance of the defendant and is directed against an order dated July 9, 2025 passed by the learned Civil Judge (Jr. Div.), 1^st Court at Barasat

in Title Suit No.69 of 2024.

By the order impugned, the application under

Section 151 of the Code of Civil Procedure praying for

restoration of possession with police help stood allowed.

The learned advocate appearing for the petitioner

submits that the opposite party vacated the suit property and delivered khas possession of the same to the petitioner on December 20, 2023. He submits that suppressing such fact the petitioner filed a suit for declaration of tenancy right and for permanent injunction and obtained an ad interim order of injunction on January 19, 2024. He submits that it is well-settled that unless the rights of the parties are determined at the interlocutory stage, the ad interim order of injunction cannot be implemented through police help. He submits

that the learned trial judge wi