Kalyani Sarkar And Anr vs Prasid Ranjan Dasgupta And Ors
2022 Latest Caselaw 4744 Cal

25.07.2022
 KC(11)

                               F.M.A.T. 272 of 2022
                             Kalyani Sarkar and Anr.
                                     -versus-
                         Prasid Ranjan Dasgupta and Ors.
                                       With
                                  CAN 1 of 2022



             Mr. Sandip Ghose,
             Mr. Deep Narayan Mukherjee,
             Mr. Debayan Ghosh........................For the appellants.


                   We formally admit the appeal.

                   This is an appeal from a judgment and order

             dated 23rd June, 2022 of the learned court below

             refusing an order of injunction sought by the appellants

             ex-parte against the respondents.

The appellants prayed for stoppage of

construction in and commercial use of the premises.

There are practically no reasons in the impugned

judgment and order. The reason which was sought to

have been advanced in the last paragraph of the

judgment and order is extremely vague and not

comprehensible at all.

We find that the returnable date of the said

injunction application before the learned court below is

today.

Mr. Ghose, learned advocate for the appellants

submits that a prayer for adjournment has been made

in that court.

Considering the submissions made before us

today, we think it fit and proper that the learned court

below hears out the interim application, at the 'Motion'

stage, as early as possible not later than one week from

today afresh and passes a reasoned order upon hearing

the parties. The learned court below shall not be

influenced by any observation or prima facie finding

made in its impugned order dated 23rd June, 2022.

Till the learned court below is able to come to a

decision whether to grant injunction or to refuse it, the

respondents shall desist from making any further

construction in the premises in question and shall not

change the status quo with regard to ownership or

possession of the said premises. The respondents shall

also not create any third party interest.

The appeal (F.M.A.T. 272 of 2022) and the

connected application (CAN 1 of 2022) are disposed of.

All parties and the learned judge shall act on the

basis of a server copy of this order.

(I.P. MUKERJI, J.)

(SUBHENDU SAMANTA, J.)