Subhashis @ Subhasish Mallick And ANR. v. Biswajit Shit

27.03.2026 Item No.19 (DL) Court No.06 AJ.

IN THE HIGH COURT AT CALCUTTA

CIVIL REVISIONAL JURISDICTION C.O. 1074 of 2026 < Subhashis @ Subhasish Mallick & Anr.

-Vs- Biswajit Shit Mr. Anirban Bose, Ms. Atreyee Senapati.

.....for the petitioners.

1.

This revisional application is directed against an order dated June 23, 2025 passed in Title Suit No. 422 of 2024 by the learned Civil Judge (Junior Division), 2nd Court, Arambagh, Hooghly whereby the petitioners' application under Order XXXIX Rule 4 of the Code of Civil Procedure, 1908 read with Section 151 thereof, seeking variation and/or modification of an order of injunction dated December 06, 2024 passed by the learned Trial Court in the said suit has been rejected. An order rejecting and/or allowing an application under Order XXXIX Rule 4 of the Code of Civil Procedure is appealable under Order XLIII Rule 1 sub-rule (r) of the Code. This revisional application is therefore not maintainable.

2.

C.O. 1074 of 2026 stands dismissed.

3.

This order shall however not preclude the petitioner from challenging the order dated June 23, 2025 in accordance with law.

4.

The petitioners shall be entitled to take back the certified copy of the order impugned upon furnishing a photostat copy thereof duly countersigned by the learned Advocate appearing for the petitioner.

5.

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.)