Manika Das v. State of West Bengal and Ors.
Case brief
What is this about?
West Bengal writ petition (WPA 21292 of 2024, decided 24.09.2024) before Justice Hiranmay Bhattacharyya. Keywords: Order 39 Rule 2A of the Code of Civil Procedure; violation of order of injunction/status quo by private respondent; enforcement/implementation of injunction through police help; Civil Court in seisin over dispute re immovable property; writ petition disposed of, no costs; Section 126/135 BNSS prosecution report; Labpur Police Station, Birbhum; Labpur PS NCR No. 414 of 2024 dated July 29, 2024; Officer-in-Charge report dated September 23, 2024. Relevant to searches on remedies for breach of civil-court injunction orders and the proper forum (Order 39 Rule 2A CPC) versus writ-petition route.
What did the court decide?
Writ petition disposed of with the above observations and directions (recourse under Order 39 Rule 2A CPC for the alleged violation of the status quo order; liberty to approach the Civil Court for implementation of the status quo order, if still in subsistence, with police help); no order as to costs.