Rafikul Islam Molla v. Suryakanta Naskar and Ors.
Case brief
What is this about?
FMA 133 of 2025 with CAN 1 of 2025; Rafikul Islam Molla vs Suryakanta Naskar & Ors.; status quo order; ex-parte ad interim order; prohibitory order restraining construction; stay of operation; rejection of plaint; maintainability of suit; question of jurisdiction; Section 80 of the C.P.C.; Civil Suit No.175 of 2014; identical reliefs; interim order extended; trial court directed to dispose within reasonable time; appeal disposed; Soumen Sen, J.; Apurba Sinha Ray, J.; 19.08.2025.
What did the court decide?
Appeal FMA 133 of 2025 with connected application disposed of with observations: no interference with the impugned status quo order; liberty to the appellant to oppose injunction prayers on the grounds of the prior suit rejected under Section 80 C.P.C.; trial court requested to decide the pending rejection-of-plaint application within a reasonable time after hearing the parties.