13.5.2025 SL No.17 Court No.1 (tk) Calcutta High Court In The Circuit Bench at Jalpaiguri MAT/66/2024 IA NO:CAN/1/2024 Suchitra Das -vs- Goutam Das @Biswajit Das and Ors. Mr. G.Sah, for appellant. Mr. H. Barman, for State. 1. The appeal is directed against the order dated June 12, 2024, passed by a Single Bench of this Court. 2. By the said order, an order passed by the SDO, Alipurduar, under the provisions of the Senior Citizens Act, 2007, ousting the petitioner and his wife from their house, has been set aside. 3. The mother, being the 5th respondent, had filed the application on the ground of torture made by the son. 4. The Single Bench found that there was a civil suit for partition pending between the mother, the father and the son. It was, therefore, found that the order of eviction of the son and the daughter-in-law from the house was passed ignoring an order of status quo passed in the pending civil partition suit. 2 5. The interference by the Single Judge with the order of the SDO is not called for. However, the appellant has been granted liberty to approach the Madarihat Police Station in the event any torture made on the respondent/writ petitioner. Such liberty is sufficient to protect the appellant herein. 6. In view of the above, this Court is not inclined to entertain MAT/66/2024. The same is dismissed. Consequently, CAN/1/2024 also stands dismissed. (Rajasekhar Mantha, J.) (Ajay Kumar Gupta, J.)