Deepak Kumar Gupta v. Akash Karati And ORS

22.05.2026 Item No.07 (DL) Court No.06 AJ.

IN THE HIGH COURT AT CALCUTTA

CIVIL REVISIONAL JURISDICTION C.O. 722 of 2026 < Sri Deepak Kumar Gupta -Vs- Sri Akash Karati & Ors.

Mr. Arindam Chattopadhyay, Mrs. Lipika Chatterjee, Mr. Soumik Dey.

.....for the petitioner.

Mr. A. Sarkar (V.C.).

.....for the opposite party no.1 Mr. Sounak Bhattacharya, Mr. Sounak Mandal.

.....for the opposite party no.2.

1.

This revisional application is directed against an order dated February 09, 2026 passed by the learned Additional District and Sessions Judge, Fast Track Court Court-IV at Barrackpore, North 24-Parganas in Misc. Appeal No. 15 of 2026 whereby an order directing the parties to maintain status quo in respect of the nature, character and possession of the suit properties has been granted.

2.

The opposite parties have instituted Title Suit no. 80 of 2026 before the learned Civil Judge (Junior Division) 1st Court at Barackpore praying inter alia for a decree for declaration and permanent injunction. In the said suit a prayer for

ex-parte ad interim injunction was made which was not granted.

3.

The opposite parties felt aggrieved and preferred Misc Appeal No. 15 of 2026 before the Appellate Court.

4.

The Appellate Court has passed the order impugned.

5.

Mr.

Chattopadhyay, learned Advocate appearing for the petitioner submits that the impugned order is without jurisdiction inasmuch as an order of injunction has been passed against the petitioner without affording any opportunity of hearing to him despite the petitioner having lodged a caveat.

6.

Mr. Sarkar, learned Advocate appearing for the opposite party no.1 submits that Mr.

Chattopadhyay is factually wrong inasmuch as the petitioner had lodged caveat before the learned Trial Court and not before the learned Appellate Court.

7.

Mr. Chattopadhyay has no answer to this point raised by Mr. Sarkar.

8.

Since the only point raised by Mr.

Chattopadhyay does not hold ground, the revisional application has to fail.

9.

The learned Appellate Court is requested to dispose of the pending Misc. Appeal No. 15 of

2026 as expeditiously as the business of the learned Court would permit.

10. C.O. 722 of 2026 stands dismissed. There shall be no order as to costs.

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

(Om Narayan Rai, J.)