Smt. Tapasi Koley vs Ashok Adak & Ors
2023 Latest Caselaw 3076 Cal

01.05.2023 rc/ct.no.237 Item No.24

C.O.No. 254 of 2023 Smt. Tapasi Koley Vs.

Ashok Adak & Ors.

Mr. Siva Prasad Ghose ...for the petitioner

Mr. Sukanta Chakraborty Mr. Anindya Halder ...for the Opposite Parties

This revisional application assailed the order no. 7

dated December 22, 2022 passed by the learned Civil

Judge, Junior Division, 4th Court at Serampore, Hooghly in

connection with Title Suit No. 528 of 2022 whereby the

learned judge refused to entertain the application under

Section 151 of the Code of Civil Procedure seeking police

assistance to protect the ex parte ad interim injunction

passed by the learned Court on September 23, 2022.

Learned advocate appearing on behalf of the

petitioner submitted that the learned trial judge can very

well exercise the inherent power under Section 151 of the

Code of Civil Procedure to protect the ex parte ad interim

injunction. In support of his contention he has referred to

several judgments as well as that of the Hon'ble Apex

Court in Meera Chauhan Vs. Harish Bishnoi & Anr.

reported in (2007) 12 SCC 2001.

Learned advocate on behalf of the opposite parties

relied upon the judgment passed by a coordinate Bench in

C.O.No. 3197 of 2015 (Basanti Devi Shaw & Ors. Vs.

Chandra Prakash Gupta & Ors.). Learned advocate for the

opposite parties submitted that the opposity parties never

violated the ex parte ad interim injunction order. So

question of exercise of power under Section 151 of the

Code of Civil Procedure seeking police assistance does not

arise.

Learned advocate on behalf of the opposite parties

submitted that the opposite parties never violated the ex

parte ad interim injunction order in any manner

whatsoever.

On careful perusal of the order impugned I find that

the learned judge refused the application under Section

151 of the Code of Civil Procedure relying on a case of AV

Kunhumerhammed Vs. KIV Mammi reported in AIR 1999

Ker 383(DB) wherein it was observed that the Court shall

not interfere in matter involving civil rights with an order

of police protection on the basis of an ex parte ad interim

injunction of the Civil Court.

However, in view of the decisions referred to on

behalf of the petitioner as well as stage of proceedings

pending before the Trial Court I am of the view that the

learned judge can very well exercise the power under

Section 151 of the Code of Civil Procedure seeking police

assistance for the protection of the ex parte ad interim

injunction.

It is submitted that the opposite parties did not

participate at the time of hearing of the application under

Section 151 of the Code of Civil Procedure.

In the aforesaid view of the matter I am of the

opinion that the order impugned dated December 22, 2022

is not sustainable in law and is liable to be set aside.

Learned Trial Judge is requested to rehear the

application under Section 151 of the Code of Civil

Procedure pursuant to the aforesaid observation after

giving an opportunity of being heard to the opposite

parties.

Learned Trial Judge is also requested to dispose of

the application under Section 151 of the Code of Civil

Procedure seeking police assistance within 15 days from

the date of communication of this order.

Both the parties to the suit shall appear before the

learned Trial Court on the date fixed for hearing.

With the above observations and directions this

revisional application stands disposed of.

There shall be, however, no order as to costs.

Urgent certified website copy of this order, if applied

for, be furnished to the parties upon compliance of

necessary formalities.

(Bibhas Ranjan De,J)