Plaintiffs in a title and injunction suit challenged an order refusing ad interim injunction in a pending misc. appeal. The court declined to interfere, requested the appellate court to expedite disposal, and disposed of the revision without costs.
Direction to expedite disposal of Misc. Appeal No. 110 of 2024; no other relief granted.
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12.09.2024 Item No.31 DL Ct.19
A.J. IN THE HIGH COURT AT CALCUTTA CIVIL REVISIONAL JURISDICTION
C.O. 3267 of 2024
Trisha Biswas & Anr. –Vs– Tapan Kumar Mondal & Ors.
Mr. Satyam Mukherjee, Ms. Sayani Ahmed, Mr. Purnendu Shekhar Ghosh. ……for the petitioners.
The plaintiffs in a suit for declaration of title and permanent injunction are the petitioners in the instant application under Article 227 of the Constitution of India.
The order dated September 02, 2024 whereby the 7th Court of the learned Additional District Judge at Barasat, District : 24-Parganas (North) has refused to pass an ad interim order of injunction in the Misc. Appeal No.110 of 2024 is under challenge.
In view of the nature of the order impugned, particularly when the miscellaneous appeal is pending, this Court is not inclined to interfere with it.
The Appeal Court below, however, is requested to expedite the disposal of the said Misc. appeal in accordance with law, if it is otherwise ready for such disposal, without granting any unnecessary adjournment to either of the parties.
C.O. 3267 of 2024 is disposed of with the above terms 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.)
1 provisions across 1 enactments
Trisha Biswas & Anr.
Tapan Kumar Mondal & Ors.
Biswajit Basu
As recorded by the court registry
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