Jayanta Kumar Das And Another vs Sekh Firoj Ali And Others
2021 Latest Caselaw 3640 Cal

7th July,

(AK)

C.O 1152 of 2021

(Via Video Conference)

Jayanta Kumar Das and another Vs.

Sekh Firoj Ali and others

Mrs. Pampa Dey Mr. Krishna Deo Das ...For the Petitioners.

The petitioners have made out a strong prima facie

case that the trial court refused to exercise jurisdiction

vested in it by law by misinterpreting a judgment of this

court, in observing that the availability of the alternative

remedy under Order XXXIX Rule 2-A of the Code of Civil

Procedure is a deterrent for granting police help under

Section 151 of the Code to implement an injunction

order.

This revision is required to be heard of such

question.

The petitioners shall serve copies of C.O.1152 of

2021 on the opposite parties and/or the learned advocate

appearing for the opposite parties in the court below at

the earliest, indicating that the matter shall next be

enlisted on July 16, 2021 for hearing.

The petitioners shall file an affidavit-of-service on

the next date of hearing.

(Sabyasachi Bhattacharyya, J.)