Disposed¶¶8

Shri Shri Shiv Thakur and Shri Shri Mahavir Jew Deities Rep by Sajit Krishnan Kutty and Ors. v. Haridwar Tiwari Tripathi and Ors.

Calcutta HC19 May 2025CO/1609/2025

Case brief

AI extract

What is this about?

Article 227 petition (C.O. 1609 of 2025, decided 19/05/2025) by deities-as-plaintiffs against Civil Judge (Jr. Div.), Bidhannagar orders of 17.02.2025 and 03.03.2025 in Title Suit No.218 of 2024; concerns lapse/non-extension of ad interim injunction of possession granted 24.07.2024 and expedition of hearing of Section 151 CPC application for extension of injunction fixed for 04.06.2025; petition disposed of with request for early disposal; no cases cited.

What did the court decide?

Request/direction to the learned Civil Judge (Jr. Div.), Bidhannagar to take up the Section 151 CPC application for extension of injunction on the next fixed date and dispose of it expeditiously without unnecessary adjournments; no order as to costs. ¶¶8

Shri Shri Shiv Thakur and Shri Shri Mahavir Jew… — Writ and Judicial Review | Calcutta HC (2025)

¶1

D/L- 40 19/05/2025 Ct. No.-6 Aritra C.O. 1609 of 2025

¶2

Shri Shri Shiv Thakur and Shri Shri Mahavir Jew Deities & Ors. Vs. Sri Haridwar Tiwari (Tripathi) & Ors. Mr. Ayan Banerjee Ms. Debasree Dhamali Ms. Riya Ghosh Mr. A. Chaudhury .…for the petitioner This application under Article 227 of the Constitution of India is at the instance of the plaintiff and is directed against the orders dated February 17, 2025 and March 3, 2025 both passed by the learned Civil Judge (Jr. Div.), Bidhannagar in Title Suit No.218 of 2024.

¶3

After some arguments, Mr. Banerjee, learned advocate appearing for the petitioner submits that a direction be passed upon the learned trial judge to take up the hearing of the application under Section 151 of the Code of Civil Procedure on the next date fixed i.e. on June 4, 2025 and to dispose of the same within a specified time frame.

¶4

Record reveals that by an order dated July 24, 2024 the prayer for ad interim injunction was allowed and the defendants/opposite parties herein and their men and agents are restrained from dispossessing the plaintiff/petitioner herein from the suit property without due process of law and the defendants/opposite parties herein were restrained from disturbing the peaceful

¶5

¶6

possession of the plaintiff/petitioner in respect of the suit property till the next date fixed i.e. on September 20, 2024.

¶7

Mr. Banerjee submits that the ad interim order of injunction was being extended from time to time. However, on February 17, 2025 and application for extension of the interim order was filed but the ad interim order was not extended thereafter. Accordingly, the petitioner filed an application under Section 151 of the Code of Civil Procedure for extension of the order of injunction. The said application under Section 151 of the Code has been fixed for hearing on June 4, 2025.

¶8

In the light of the submission made by the Mr. Banerjee, CO 1609 of 2025 is disposed of by requesting the learned Civil Judge (Jr. Div.), Bidhannagar to take up the hearing of the application under Section 151 of the Code of Civil Procedure on the next date fixed, if the same is otherwise ready for hearing and to dispose of the same in accordance with law as expeditiously as possible without granting any unnecessary adjournments.

¶9

There will be no order as to costs.

¶10

Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.

¶11

(Hiranmay Bhattacharyya, J.)

Shri Shri Shiv Thakur and Shri Shri Mahavir Jew Deities Rep by Sajit Krishnan Kutty and Ors. v. Haridwar Tiwari Tripathi and Ors.

Case brief

What is this about?

What did the court decide?

Shri Shri Shiv Thakur and Shri Shri Mahavir Jew Deities Rep by Sajit Krishnan Kutty and Ors. v. Haridwar Tiwari Tripathi and Ors.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Rina Chakraborty Vs Ramendra Narayan Hazara and Anr.

Greentech It City Pvt. Ltd. Vs Prakash Ch Gupta

Samir Dey and Anr. Vs Idfc First Bank Ltd. and Ors.

Utpal Kumar Saha Vs Amar Singh

Biswanath Jana Vs Sabitri Devi and Anr.

Basudeb Ghosh Vs Monorama Agarwal