Sunil Mahata & Ors vs Dipak Mahata & Ors
2024 Latest Caselaw 4883 Cal

Calcutta High Court (Appellete Side)

Sunil Mahata & Ors vs Dipak Mahata & Ors on 20 September, 2024

20.09.2024 Item No.24 DL Ct.19 A.J. IN THE HIGH COURT AT CALCUTTA CIVIL REVISIONAL JURISDICTION C.O. 3345 of 2024 Sunil Mahata & Ors.

-Vs-

Dipak Mahata & Ors.

Mr. Rabindranath Mahato, Mr. Aritra Shankar Ray.

......for the petitioners. Mr. Dyutiman Banerjee, Mr. Salil Kumar Maiti, Ms. Dolon Samanta, Mr. Vishal Mallick.

.......for the opposite parties.

The plaintiffs in a suit for declaration are

the petitioners of the instant application under

Article 227 of the Constitution of India.

The said suit being Title Suit No. 547 of

2023 is pending before the 2nd Court of the learned

Civil Judge (Junior Division) at Paschim Medinipur.

The learned Trial Judge by an order dated

August 24, 2023 had allowed the prayer of the

plaintiffs for an ad-interim order of injunction,

aggrieved thereby, the defendant nos.1 to 15 have

filed Misc. Appeal No. 147 of 2023.

The learned District Judge, Paschim

Medinipur by the impugned judgment and order

dated August 29, 2024 has allowed the said appeal

thereby has set aside the said order of the learned

Trial Judge.

In view of the limited scope of the said

appeal, particularly the findings of the Appeal

Court below that there are cross entries in the

record of rights of the Schedule 'A' property, this

Court is not inclined to interfere with the order

impugned.

The application for injunction is pending

before the learned Trial Judge and the written

objection thereto has already been filed by the

defendants, therefore the learned Trial Judge is

requested to dispose of the said application in

accordance with law without being influenced by

the observations made by the Appeal Court below

in the order impugned.

C.O. 3345 of 2024 is disposed of without

any order as to costs.

Urgent Photostat certified copies of this

order, if applied for, be supplied to the parties

subject to compliance with all requisite

formalities.

(Biswajit Basu, J.)