24.09.2026 Sl. No.27(DL) Ct. No.14 srm IN THE HIGH COURT AT CALCUTTA SPECIAL CIVIL JURISDICTION APPELLATE SIDE CPAN 300 of 2026 in WPA 13221of 2025 CAN 1 of 2025 Sahanur Molla Versus Mandira Saha, The Pradhan, Pifa Gram Panchayat, North 24-Parganas Md. Sarwar Kajam, Ms. Iqra Rahaman …for the Petitioner. Mr. Souri Ghosal, Mr. Subhojit Mukherjee …for the Alleged Contemnor. 1. Affidavit filed by the alleged contemnor is taken on record. 2. Md. Sarwar Jahan, learned Advocate appearing for the petitioner submits that the alleged contemnor has not complied the order of this Court in its letter and spirit to the extent that several points were laid down in the order to be carried out by the alleged contemnor. Only on the plea of the status quo order having been passed in a civil suit, the alleged contemnor is trying to avoid compliance of order of this Court. As there is a status qua order of the civil court subsisting there might not occasion for demolition of the property without the prior permission of the civil court. However, that does not absolve the alleged contemnor from carrying out the order of this Hon’ble Court. Further on the date of 2 filing of writ petition there was no such subsisting status quo order of the civil court. He seeks appropriate direction upon the alleged contemnor for complying the order of this Court. 3. Mr. Souri Ghosal, learned Advocate representing the alleged contemnor submits that the status quo order passed by the learned civil court on 20th June, 2025 over the property-in-question is subsequent to filing of the writ petition. Be that as it may, the property- in-question is part and parcel of schedule property in the civil suit. For such reason, the alleged contemnor is not in a position to take further action with regard to the property-in-question. He further indicates that notices were served upon all the interested parties and resolution was adopted but the applicant/petitioner did not put his signature in the resolution. 4. From the materials on record, it is found that a civil suit is filed by Fajila Bibi Molla & ors. before the learned Civil Judge, Senior Division at Basirhat in Title Suit No.596 of 2025 against the petitioner and others seeking for partition in respect of the subject property as well as other plots of land. Upon hearing, the learned Civil Judge has passed an order of status quo on 20th June, 2025 with the following direction: “Hence, it is ORDERED that the plaintiffs and defendants are directed to maintain status quo as on this date with regard to the nature & character, transfer and joint possession of the suit property till 24.07.2025. 3 Plaintiffs are directed to comply with the provision of Or. 39 rule 3(a) and (b) of the CPC. Fix 24.07.2025 for SR/Notice showing cause by the defendants.” 5. Though at the time of filing of the writ petition there was no subsisting order of status quo, however, at the time of hearing of the writ petition on 12th September, 2026, the order of status quo passed by the learned civil court was subsisting. As per the report filed by the alleged contemnor such status quo order is valid till 14th January, 2027. Considering the order of status quo, the Pradhan, the alleged contemnor has adopted a resolution. Since resolution has already been adopted pursuant to order of this Court, the contempt application being CPAN 1329 of 2025 stands disposed of. 6. However, it is left open to the applicant/petitioner to approach the civil court for appropriate relief and for redrassal of his grievances. 7. On the prayer of the learned advocate for the petitioner/application, liberty is granted to the petitioner/applicant to challenge the decision of the alleged contemnor, if so advised. CAN 1 of 2025 8. None appears on behalf of the applicant. 9. In view of the above, the application being CAN 1 of 2025 stands dismissed for default. (Bivas Pattanayak, J.)