Md.Sohail Rahman@Sohel Rahaman Vs Sipra Ghosh — Calcutta HC (2025) — LawSathi Research

Md.Sohail Rahman@Sohel Rahaman Vs Sipra Ghosh — Calcutta HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Revisional application disposed of without examining merits, with direction to the Court below to decide the main injunction application preferably within sixty days of communication of the order, after giving the defendant opportunity to file written objections and both parties opportunity to contest; the ad interim injunction is to continue until such disposal; connected applications also disposed of.

Issue for consideration

Whether, the Court below having granted an ex parte ad interim injunction on 16th July, 2024 without ensuring quick disposal of the injunction application as contemplated by Order XXXIX Rule 3A CPC, the revisional application should be disposed of with directions for time-bound disposal of the injunction application, without entering into the merits.

Court's answer

The Court below granted the ex parte ad interim injunction on 16th July, 2024 but did not make any attempt to ensure quick disposal of the injunction application, failing the second purpose of Order XXXIX Rule 3A CPC.

Ratio / Principle

Without going into the merits, the revisional application is disposed of by directing the Court below to dispose of the main injunction application within a time frame in compliance with Order XXXIX Rule 3(A) CPC, since comment on merits or disposal of the injunction prayer at this stage could result in loss of forum for either party.

Key takeaways

The Court below is directed to dispose of the main injunction application preferably within sixty days from the date of communication of this order.ratio¶13
The Trial Court is to give the defendant opportunity to file written objections against the injunction application and to give both parties opportunity to contest.ratio¶15
The ad interim order restraining the defendant from interfering with the peaceful possession of the plaintiff in respect of the suit property shall continue till disposal of the main injunction application by the Court below.

Detailed headnote1 paragraphs

Civil revision (Calcutta High Court, Jalpaiguri Circuit Bench) - ex parte ad interim injunction under Order XXXIX Rule 3A CPC - Court below granted ad interim injunction ex parte on 16th July, 2024 restraining the defendant from interfering with the plaintiff's peaceful possession of the suit property, but made no attempt to ensure quick disposal of the injunction application - revisional application disposed of without going into merits, directing the Court below to dispose of the main injunction application preferably within sixty days from communication of the order, giving the defendant opportunity to file written objections and both parties opportunity to contest - ad interim order to continue till disposal of the injunction application - Court below to act uninfluenced by any observation in the revisional order - connected applications disposed of.

Ct. 05.03 No.

3 2025 8 akb

Calcutta High Court In the Circuit Bench at Jalpaiguri Civil Revisional Jurisdiction

C.O. 158 of 2024 With IA No. C.A.N. 1 of 2024 With IA No. C.A.N. 2 of 2025 With IA No. C.A.N. 3 of 2025 Md. Sohail Rahman @ Sohel Rahaman Vs. Sipra Ghosh

Mr. Arnab Saha …For the Petitioner

Mr. Amalesh Ray Mr. Nigam Mittal Ms. Debashree …For the Opposite Party

This is an application wherein the petitioner has challenged order No. 2 dated 16^th July, 2024 by which the Court below granted ad interim order of injunction ex parte against the defendant/petitioner herein restraining them from interfering with the peaceful possession of the plaintiff in respect of the suit property, intended to be continued for a limited period.

Rule 3A of the Order XXXIX makes it clear that where ex parte injunction has been granted by the Court, it shall make an endeavour to finally dispose of application for injunction within 30 (thirty) days from the date of granting injunction. By the said provision two purposes sought to be achieved. Firstly it authorizes power to the Court to grant ex parte ad interim injunction without notice to the opposite

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party in urgent cases and secondly it also ensures quick disposal of such applications so that no prejudice or injury is caused to the other side.

In the instant case Court below considering urgency of the matter granted ex parte order of ad interim injunction in favour of plaintiff on 16^th July, 2024 but did not make any attempt to ensure quick disposal of the injunction application.

In such view of the matter I find that without going into the merits of the case, the present Application may be disposed of directing the Court below for disposing of the main injunction application after giving opportunity to the parties to contest within a time frame in compliance with Order XXXIX, Rule 3(A) of the Code of Civil Procedure. This is also because there would be chance of loosing forum by either of the parties in the event of making comment on merit or making disposal of the injunction prayer by this Court.

In such view of the matter, C.O. 158 of 2025 is hereby disposed of with a direction upon the Court below to dispose of the main injunction application preferably within a period of sixty days from the date of communication of this order.

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The Trial Court will give opportunity to the defendant to file written objection against the injunction application and he will also give opportunity to both the parties to contest.

The ad interim order restraining the defendant from interfering with the peaceful possession of the plaintiff in respect of the suit property shall continue till disposal of the main injunction application by the Court below.

I have made it clear that I have not gone into the merits of the case or the injunction application and the Court below will dispose of such application without being influenced by any observation made herein.

In view of disposal of the main revisional application, connected applications, if any, are also disposed of.

Urgent Photostat certified copy of this order, if applied for, be given to the parties, on priority basis, upon compliance of all requisite formalities.

( Dr. Ajoy Kumar Mukherjee, J.)