Rajib Hazra & Anr vs Smt. Amita Chattopadhyay & Ors
2022 Latest Caselaw 4550 Cal

20.07.2022
Sl.No. 3
Ct.No.3
Amalranjan
             IN THE HIGH COURT AT CALCUTTA
              CIVIL APPELLATE JURISDICTION
                     APPELLATE SIDE

                      FMA 562 of 2022

                   Rajib Hazra & Anr.
                           VS
             Smt. Amita Chattopadhyay & Ors.


              Mr. Amal Baran Chatterjee, Sr. Adv.
              Mr. Samiran Mondal
              Mr. Abhinaba Dan
                                          ...for the appellants
              Mr. Subhas Chandra Atha
              Mr. Payel Paramanik
                                        ...for the respondents

Re: CAN 2 of 2022

This is an appeal arising out of a judgment

and order passed by the learned court below on

20th November, 2020 vacating its order of

injunction/status quo passed earlier in a suit for

specific performance of an agreement for sale of

an immovable property.

On 20th May, 2022, a Division Bench of this

court had reinstated the said order of injunction

directing it to continue for a period of 8 weeks

from the date of the said order.

Today, at the instance of Mr. Amal Baran

Chatterjee, learned senior advocate appearing for

the appellants, this appeal is appearing in our

list as 'to be mentioned'.

We formally admit the appeal.

We have heard out the appeal dispensing

with all formalities.

We are of the view that the interest of justice

would be best sub-served, if the suit itself is

expedited before the learned court below and

extension of the interim order made by us on

20th May, 2022 till the decree is passed by the

court.

We dispose of this appeal by requesting the

learned court below to try and determine the suit

by 31st January, 2023.

The order of injunction/status quo passed

by the court below on 20th November, 2020

extended by this court on 20th May, 2022 be

continued till the suit is decreed or until further

order by the learned court below, whichever is

earlier and will abide by the decree to be passed.

All questions are kept open before the court

below.

The appeal and the connected application

are disposed of by this order.

( Subhendu Samanta,J. ) ( I. P. Mukerji,J. )