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Calcutta High CourtFMAT/100/2026dismissed

Mudaswar Mallik Repd By His Father Serajul Mallik v. Jamiruddin Mallik

2026-05-18Hon'Ble Justice Sabyasachi Bhattacharyya,Hon'Ble Justice Biswaroop Chowdhury2 pages

AD - 21 Ct No.16 18.05.2026 (SSS) FMAT 100 of 2026 with CAN 1 of 2026 Mudaswar Mallik represented by his father Serajul Mallik Vs.

Jamiruddin Mallik Mr. Mukteswar Maity, Ms. Manika Sarkar .....For the appellant.

1.

The present appeal has been preferred against an order passed in a miscellaneous appeal, refusing to grant ad-interim injunction.

2.

Since no second appeal is maintainable under Order XLIII of the Code of Civil Procedure, FMAT 100 of 2026 is dismissed as not maintainable. 3.

CAN 1 of 2026 is consequentially disposed of as well.

4.

There will be no order as to costs.

5.

It is made clear that nothing in the above order shall prevent the appellant from taking appropriate recourse of law by filing a properly constituted challenge against the impugned order.

6.

Liberty is granted to the learned advocate-onrecord for the appellant to take back the certified copies of the impugned orders upon furnishing photocopies thereof for the records.

(Sabyasachi Bhattacharyya, J.) (Biswaroop Chowdhury, J.)