Noting by Office or Advocate

Serial No.

Date

Office notes, reports, orders or proceedings with signature

Plaint copy

Sd/-

11.4.84

Rubber Stamp of

Assistant

Registrar (Court)

Appellate Side, High Court

Calcutta

10.4.84.

The respondent Nos. 3 and 4 are directed to see that the order of the 7^th Court of Subordinate Judge at Alipore dated 4^th October 1983 (Sukunar Das & ors. Vs. Nav-Surya Co-operative Housing Society Ltd.) are implemented. The petitioner shall be entitled to construct boundary wall and should not obstruct the ingress and egress of the private respondents. If necessary police picket be provided at the cost of the petitioners. This interim order will be initially for a period of six weeks from this date with liberty to apply for extension of the interim order upon notice to the respondents.

Let this matter come up as to be mentioned five weeks hence.

Let a plain copy of this order signed by the Assistant Registrar (Court) be given to the learned Advocate for the petitioner.

Serial No.

Date

Notes and orders.

9.5.84

for the petitioners:

Mr. Dipankar Gupta,

Mr. Tapash Chandra Roy,

Mr. S.K. Panja,

for some of the private respondents.

Mr. P. R. Mondal

.. for the State

In this case the disputed questions of the fact and title are involved. There are several suits pending regarding such questions. It is stated on behalf of the petitioner that the order of the lower civil court enables the petitioner to construct the boundary wall without effecting the ingress and egress of the tenants, which is diputed on behalf of the private respondents, who are also challenging the title of the petitioner. If such order enables the petitioner to construct such boundary wall, then for the purpose of implimentation and excution of that order, it is open to the petitioner to make proper application before the civil court for police help. If the said order does not entitle the petitioner to construct any such boundry wall then it is for the petitioner to make such application before the court for such order. In any event this court in Writ jurisdiction is not inclined to exercise its discretion to issue a rule and an interim order particularly having regard to the pendency of the suits.

Accordingly, this application is dismissed. All interim orders are vacated. This will not, however, prevent the parties from approaching the lower civil court or any other court for appropriate order, including the order for construction of boundary wall or for police help.

Serial No.

Date

Notes and orders.

-2-

Let it be recorded that I have not gone into the merits of this case.

Let a plain copy of this order signed by the Assistant Registrar (Court) be given to the learned Advocate for the parties.

Sd/- B. C. Basak,

Judge

Plaint copy

Sd/-

11.4.84

Rubber Stamp of

Assistant Registrar (Court)

Appellate Side, High Court

Calcutta