Gayatri Roy Chowdhury And ORS v. Shyama Prasad Das And ANR

S/L 25 30.7.2024 Court No.19 SD

IN THE HIGH COURT AT CALCUTTA

CIVIL REVISIONAL JURISDICTION CO 481 of 2023 Smt. Gayatri Roy Chowdhury & Ors.

Vs.

Sri Shyama Prasad Das Gupta & Anr.

Mr. Siva Prasad Ghose ... for the Petitioners.

Mr. Sounak Bhattacharyya Mr. Sounak Mondal Mr. Abhirup Halder ... for the Opposite Parties.

The instant application under Article 227 of the Constitution of India is at the instance of the plaintiff in a suit for declaration and is directed against order dated January 21, 2023 passed by the learned Additional District Judge, Fast Track Court-I at Barrackpore in Miscellaneous Appeal No.89 of 2022.

The appeal Court below by the order impugned has allowed the said Miscellaneous Appeal, thereby has set aside the ad interim order of injunction dated December 05, 2023 passed by the learned Trial Judge.

Mr. Bhattacharyya, learned advocate for the opposite parties submits that during pendency of the revisional application the hearing of the injunction application has almost been completed, only the reply from the side of the plaintiffs is pending.

In view of such development, the order impugned does not call for any interference.

CO 481 of 2023 is dismissed without any order as to costs.

The Learned Trial Judge is requested to dispose of the injunction application expeditiously without being influenced by any of the observations made in the order impugned.

Parties to act on the server copy of this order duly downloaded from the official website of this Court. Urgent Photostat certified copy of this order, if applied for, be supplied to the parties, subject to compliance of all requisite formalities.

(Biswajit Basu, J.)