Santosh Sarkar vs The State Of West Bengal & Ors
2021 Latest Caselaw 3856 Cal

19.07.2021.
Item no. 43.
Court No.13
   ap
                              W.P.A. No. 10956 of 2021
                            (Through Video Conference)
                                  Santosh Sarkar
                                       Versus
                          The State of West Bengal & Ors.

                     Mr. Himangshu Ghosh.
                                                     ...For the petitioner.
                     Mr. Ansar Mondal,
                     Mr. Sougata Mitra.
                                                         ...For the State.
                     Mr. Soumyadeep Biswas.
                                         ...For the private respondents.

Counsel for the petitioner submits that his

client is a senior citizen and desirous in selling out his

property and the private respondents are harassing

him in this regard.

Counsel for the private respondents submits

that in respect of title to the said property being Title

Suit No. 15 of 2018 was instituted before the learned

Civil Judge (Junior Division), Additional Court at

Krishnanagar which has since been decreed by a

judgment dated 20th June, 2019. The petitioner has

been permanently injuncted from entering into the suit

property or causing disturbance to the peaceful

possession of the private respondents.

In that view of the matter, this Court finds that

the writ petition is thoroughly misconceived, based on

suppression of material facts or misstatements thereof.

Hence, the instant writ petition shall stand

dismissed with costs which is assessed at Rs.5,100/-

(Rupees five thousand one hundred only) to be paid by

the petitioner to the respondents.

The plaint filed in Title Suit No. 15 of 2018 and

the judgment dated 20th June, 2019 are kept with the

record.

All parties are directed to act on a server copy

of this order on usual undertakings.

(Rajasekhar Mantha, J.)