Disposed¶6

MD Nabir Hossain Mondal and Others v. Lutfan Bibi and Others

Calcutta HC18 Feb 2026CO/799/2023

Case brief

AI extract

What is this about?

Temporary injunction; ad interim injunction refused; Misc. Appeal No. 13 of 2022; Title Suit No. 345 of 2022; suit no. 168 of 2023; two suits same property; directions to trial Court; disposal within 30 days; suits to be heard together; interim order vacated; Basirhat; CO 799 of 2023; disposed.

What did the court decide?

Revisional application disposed of with directions to the trial Court to hear the temporary injunction petition in presence of both parties and dispose of it in accordance with law within 30 days from communication of the order; both suits (Title Suit No. 345 of 2022 and suit no. 168 of 2023) to be heard together; interim order, if any, vacated; connected application, if any, disposed of. ¶6

MD Nabir Hossain Mondal and Others Vs Lutfan Bibi and Others — Calcutta HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the revisional application should be disposed of with directions to the trial Court regarding the temporary injunction petition, the appellate Court having disposed of the Misc. Appeal without granting an order of injunction. +1 more

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Court's answer

The revisional application is disposed of with the direction upon the trial Court to hear the temporary injunction petition in presence of both the parties and dispose of the same in accordance with law.

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Ratio / Principle

The trial Court is to dispose of the temporary injunction petition within 30 days from the date of communication of the order.

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Key takeaways

Both the suits are further directed to be heard together for proper adjudication of the dispute.ratio¶5
Interim order, if any, stands vacated.ratio¶8

Detailed headnote1 paragraphs

Civil Order (revisional application) CO 799 of 2023 — Md. Nabir Hossain Mondal & Ors. v. Mst. Lutfan Bibi & Ors. — directed against order dated 23.02.2023 of the Additional District Judge, Fast Track 3rd Court, Basirhat disposing of Misc. Appeal No. 13 of 2022 (preferred against refusal of an ad interim order of injunction in Title Suit No. 345 of 2022, pending before the Civil Judge (Junior Division), 2nd Court, Basirhat) without granting an order of injunction — opposite parties contended the petitioner had filed two suits over the same property (Title Suit No. 345 of 2022 and suit no. 168 of 2023) — revisional application disposed of with directions to the trial Court to hear the temporary injunction petition in presence of both parties and dispose of it in accordance with law within 30 days of communication of the order — both suits to be heard together for proper adjudication — interim order, if any, vacated.

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18.02.2026 Item No.44 Ct. No. 30 Aloke

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CO 799 of 2023

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Md. Nabir Hossain Mondal & Ors.

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Vs. Mst. Lutfan Bibi & Ors.

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Mr. Dhananjoy Banerjee Mr. Tarasankar Bhattacharyya Mr. Partha Sarathi Mishra

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..for the petitioners

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Mr. Animesh Paul Ms. Manisha Kr. Upadhyay Ms. Kritey Keshri … for the opposite parties

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The revisional application has been preferred challenging an order dated 23.02.2023 passed by the learned Additional District Judge, Fast Track 3^rd Court at Basirhat in connection with Misc. Appeal No. 13 of 2022 arising out of Title Suit No. 345 of 2022, pending before the learned Civil Judge (Junior Division), 2^nd Court at Basirhat.

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Vide the impugned order the appellate Court has disposed of the Misc. Appeal without granting an order of injunction.

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On hearing the learned counsels for the parties and on perusal of the materials on record, it appears that the Misc. Appeal had been preferred against a refusal of an ad interim order of injunction.

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It is the contention of the defendant/opposite party herein that the petitioner has preferred two suits in respect of the same property. One being Title Suit No. 345

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of 2022 and subsequently another suit has been filed being no. 168 of 2023.

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On hearing the learned counsel for the parties and on perusal of the materials on record and considering the said facts as stated, the revisional application is disposed of with the direction upon the trial Court to hear the temporary injunction petition in presence of both the parties and dispose of the same in accordance with law, within 30 days from the date of communication of this order. It is further directed that both the suits should be heard together for proper adjudication of the dispute.

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C.O. 799 of 2023 stands disposed of.

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Connected application, if any, stands disposed of.

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Interim order, if any, stands vacated.

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Urgent photostat certified copy of this order, if

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applied for, be supplied to the parties upon compliance with all requisite formalities.

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(Shampa Dutt (Paul), J.)

MD Nabir Hossain Mondal and Others v. Lutfan Bibi and Others

Case brief

What is this about?

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MD Nabir Hossain Mondal and Others v. Lutfan Bibi and Others

Case brief

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What the court decided

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