Sri Amalendu Sekhar Das & Ors vs Sri Adwita Adak & Ors
2021 Latest Caselaw 1603 Cal

01.03.2021
    6&7
 ns Ct.04
                                  C.P.A.N. 1332 of 2019
                                          in
                                    S.A. 134 of 2019

                          Sri Amalendu Sekhar Das & ors.
                                          Vs.
                                 Sri Adwita Adak & Ors.


              Mr. Prasanta Kr. Giri,
              Mr. Biswaranjan Bhakat                .... For applicants.

              Mr. Ashok Kumar Janah,
              Mr. Krishna Deo Das,
              Mrs. Pampa Dey Dhabal         .... For alleged contemners.



                         Mr. Giri, learned advocate appears on behalf of

             applicants and submits, there has been wilful and

             deliberate violation of order dated 1st August, 2019, by

             which the second appeal was admitted. Direction in said

             order is reproduced below:-

                         "It appears from the judgment of the trial
                         court passed on May 31, 2008 that the
                         appellants are herein possession of the
                         property except to an extent of 300 sq. ft.
                         the appellants' possession in respect of
                         the   property    should    not   disturbed.
                         Similarly the respondents' possession in

respect of the 300 sq ft of the property that the respondents are in possession of will also not be disturbed till the second appeal is decided or till further orders of court, whichever is earlier.

Both the appellants and the respondents will not create any third party interest in respect of the parts of the suit property in their respective possession."

He submits, alleged contemners have excavated tank for

rearing fish. They have changed nature and character of

suit property.

Mr. Janah, learned advocate appears on behalf

of alleged contemners and submits his clients have not

violated the order. Nature and character of suit property

has not been changed. One of his clients, alleged

contemner no.1 is present in Court and he submits, all of

them are poor people, who have no intention to violate the

Court's order. Mr. Giri submits, special officer be

appointed to report on the facts.

Alleged contemners will file affidavit dealing

with allegations made in contempt application. Copy of the

affidavit should reach applicants by 15th March, 2021.

Applicants may use affidavit-in-reply on advance copy

served.

List on 22nd March, 2021.

(Arindam Sinha, J.)

(Suvra Ghosh, J.)