Chanchala Mondal & Anr vs Rabindranath Modnal & Ors
2024 Latest Caselaw 4912 Cal

Calcutta High Court (Appellete Side)

Chanchala Mondal & Anr vs Rabindranath Modnal & Ors on 23 September, 2024

Author: Biswajit Basu

Bench: Biswajit Basu

23.09.2024 (D/L-21) Ct.-19 (Susanta)

IN THE HIGH COURT AT CALCUTTA CIVIL REVISIONAL JURISDICTION

C.O. 3370 of 2024

Chanchala Mondal & Anr.

-Vs-

Rabindranath Modnal & Ors.

Mr. Partha Pratim Roy, Mr. Dyutiman Banerjee, Mr. Salil Kumar Maiti, Mr. Pinaki Saha, ... For the Petitioners.

Mr. Samiran Mandal, Mr. Abhinaba Dan, Mr. Nitish Samanta, .... For the Opposite Parties.

The plaintiffs in a suit for partition and permanent

injunction are the petitioners of the instant application under

Article 227 of the Constitution of India.

The said suit being Title Suit No. 11 of 2020 is pending

before the Learned Civil Judge (Senior Division), Haldia.

The learned Trial Judge, by the order dated July 28,

2022 had allowed the prayer of the petitioners for an ad-

interim order of junction by directing the parties to maintain

status quo with regard to the nature, character and possession

over "Ka" schedule property.

The defendants, the opposite parties herein, aggrieved

thereby, have preferred the Miscellaneous Appeal No. 10 of

2023 before the Learned Additional District Judge, Haldia.

The appeal Court below, by the impugned judgment and

order dated August 29, 2024 has allowed the said appeal

thereby has set aside the said order of injunction passed by the

learned Trial Judge.

The application for injunction since is pending before

the learned Trial Judge, justice would be sub-served if the said

application is disposed of in accordance with law, particularly

when, due to the long pendency of the said application for

injunction, the element of urgency, a factor for grant of ad-

interim order of injunction, has become diluted.

The learned Trial Judge is requested to dispose of the

said pending application for injunction on its merit in

accordance with law, if it is otherwise ready for such disposal,

without being influenced by any of the observations made by

the Appeal Court below in the order impugned.

C.O. 3370 of 2024 is disposed of with the above terms

without any order as to costs.

Parties to act on the server copy of this order duly

downloaded from the official website of this Court.

Urgent photostat certified copy of this order, if applied

for, be supplied to the parties subject to compliance with all

requisite formalities.

(Biswajit Basu, J.)