Turfan Sk And ANR v. Haresa Bibi And ORS

27.04.2022 Item No.33 Ct. No.7 CHC (disposed of) C.O.938 of 2022 (Physical Hearing) Turfan Sk. & anr.

Vs.

Haresa Bibi & ors.

Mr. Partha Sarathi Das, Md. Hafiz Ali ...for the petitioners The subject-matter of challenge in this revisional application is against the refusal to grant ad interim order of injunction under Order 39 Rule 1 and 2 C.P.C. Mr. Das, learned advocate appearing for the petitioners proposes for granting an order of status quo pending submission of learned Inspector Commissioner's report.

Since the order impugned is appealable, the jurisdiction of this Court under Article 227 of the Constitution of India should not be approached. The revisional application stands disposed of with the observation made hereinabove, giving liberty to petitioners to prefer appeal in accordance with the provisions of the law.

The limitation in preferring the Misc.Appeal, if there be any, should not be stressed upon in entertaining the Misc.Appeal if any filed.

The certified copy of the order impugned may be returned to the learned advocate-on-record for the petitioners upon supplying a photocopies of the same. Urgent certified photostat copy of this order, if applied for, be given to the parties as expeditiously as possible on compliance of all necessary formalities. (Subhasis Dasgupta, J.)