M/S Mohan Developers & ORS v. Chandrama Prasad Verma & ORS

21.06.2022 SL No.21 Court No.8 (gc) FMA 2206 of 2015 M/s. Mohan Developers & Ors.

Vs.

Shri Chandrama Prasad Verma & Ors.

None appears for the parties even in the second call. The appeal is arising out of an order dated 11th March, 2015 by which the ad-interim order of injunction was extended till 11th April, 2015. The initial order granting ad-interim order of injunction is not under challenge and not disclosed in the memo of appeal. There is nothing on record to show that the respondent has applied for vacating the ad-interim order. Moreover, the ad-interim order was on a limited duration. In the grounds it appears that the interim order of injunction was passed on 20th December, 2014 initially extended till 11th February, 2015 and thereafter till 11th April, 2015. On the basis of the available record, we are not in a position to appreciate the grounds taken by the appellants for challenging the order dated 11th March, 2015. The said order in any event was upto 11th April, 2015 and there is nothing on record to show that the said order was extended subsequently.

On such consideration, we are not inclined to interfere with the order under challenge.

The appeal being FMA 2206 of 2015 stands dismissed.

However, there shall be no order as to costs. Moreover, it appears from the status report of the case that 28th June, 2022 is fixed for evidence of defence witness. The trial has progressed substantially. We request the learned Trial Judge to dispose of the suit as expeditiously as possible.

The Office of the Registrar Administration (L&OM) is directed to communicate this order to the learned Civil Judge (Senior Division), 2nd Court, Howrah.

The status report of the case is kept with the record. Urgent Photostat certified copy of this order, if applied for, be given to the parties on usual undertaking. (Siddhartha Roy Chowdhury, J.) (Soumen Sen, J.)