Jaynal Abedih Munshi v. State Of West Bengal And ORS.

Serial No.4

IN THE HIGH COURT AT CALCUTTA

(Appellate Side) CIVIL APPELLATE JURISDICTION FMA 561 of 2021 (MAT 11 of 2021) Date of decision:-28.4.2021 Jaynal Abedin Munshi

...Petitioner

-versus- The State of West Bengal and Ors.

...Respondents

CORAM:

HON'BLE MR. JUSTICE RAJESH BINDAL HON'BLE MR. JUSTICE ANIRUDDHA ROY Present:- Mr. Shareq Siddique, Advocate ... for the petitioner present through VC

ORDER

1.

Present intra-court appeal has been filed impugning the order dated September 16, 2020 passed by the learned Single Judge. Writ petition was filed by the appellant seeking compliance of an order passed by the Civil Court in an injunction application filed by the appellant under Order 39 Rule 1 and 2 of the Civil Procedure Code (for short 'CPC'). Writ petition filed seeking enforcement of an order passed by the Civil Court in a suit pending before the Court concerned was totally misconceived. Hence, was rightly not entertained by the learned Single Judge. Once the writ petition was itself misconceived, the appeal filed by the appellant

FMA 561 of 2021 impugning the order of dismissal passed by the learned Single Judge also meets the same fate. The same is accordingly dismissed. (Rajesh Bindal, J) (Aniruddha Roy, J.) Kolkata 28.04.2021 ---------- PA (SG)