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47 15.01.2020 W.P. 16308(W) of 2019
AN Ct. No. 14
Panchu Naskar
-vs.-
State of W.B. Ors.

Ms. Sayanti Santra
Ms. Soma Mal
… for the petitioner

Mr. Samrat Sen, learned A. A. A. G.
Mr. Amrita Panja Moulick
… for the State

Mr. Soumya Basu Roychowdhury
… for respondent No. 7 8

The writ petitioner complains that he has been driven out

of his house by his wife and son. It is submitted that the wife has

lodged a complaint against the petitioner of having been assaulted by

the petitioner and the proceedings under Section 498A of the Indian

Penal Code are pending before the Criminal Court in which

chargesheet has been filed.

The petitioner has also lodged proceedings against his son

under for grievous hurt and a chargesheet has been filed in that

regard.

The petitioner as well as the respondent No. 7, the son

undertake before this court not to disturb each other inside the said

premises which is admittedly an ancestral property of the petitioner.

The petitioner who is personally present in court today

further undertakes before this court not to in any way disturb his

wife or cause any harm to her in any manner and shall create his

own kitchen in a separate portion of the house. Neither the wife or

son nor the petitioner would interfere with the other living and
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occupying of the said property.

The aforesaid order is passed only on the consideration

that the property in question is the ancestral property of the

petitioner.

It is made clear that the respondent No. 7 is permitted to

live in the property only to secure his mother and in the event, the

mother is not comfortable with the respondent No. 7 and his wife he

shall be escorted out the house.

It is further made clear that the inter se rights in respect

of the property have not been decided by the court in any way. The

first priority of the parties would be to ensure the wife of the

petitioner live securely in the said property.

Let a copy of this order be communicated to the Officer-in-

Charge, Sankrail Police Station accordingly who shall take

appropriate steps to enforce the same.

With the above observations, the instant writ petition is

disposed of without any order as to costs.

Urgent certified photostat copy of this order, if applied for,

shall be given to the parties as expeditiously as possible on

compliance of all necessary formalities.

(Rajasekhar Mantha, J.)