Sharon Jaiswal And ANR. v. The State Of West Bengal And ORS.

29.07.25 43 Ct. No.14 Sws.M WPA 10193 of 2025 with CAN 1 of 2025 with CAN 2 of 2025 Smt. Sharon Jaiswal & Anr.

Vs The State of West Bengal & Ors.

Mr. Rajdeep Bhattacharya ......for the petitioners Sk. Md. Galib Mr. Aloke Banerjee ......for the State Mr. Fazlur Rahman ......for the applicant in CAN 1 of 2025 Mr. Shree Prakash Jaiswal ...applicant in person in CAN 2 of 2025

1. The petitioners pray for a direction upon the registering authority not to register any deed at the instance of the private respondent as there is a specific order of injunction restraining sale of any property involved in the suit.

2. It has been submitted that despite order of injunction passed by the learned civil Court, the private respondent is proceeding to sell the suit property. The petitioners had to approach the Civil Court by filing suit for declaring the sale deed as null and void as the same was sold during the subsistence of an order of injunction.

3. Upon hearing the petitioners, it appears that the petitioners primarily challenge the action of the private respondent in transferring properties which are subject matter of the suit

contrary to the order of injunction passed by the learned Civil Court. This Court is of the opinion that the writ petition is not the solution to the problem which the petitioners are facing.

4. In the event the petitioners allege violation of the order passed by the learned Civil Court, the petitioners ought to take appropriate steps for remedy before the forum which passed the order. The writ petition, in such facts and circumstances, will not be maintainable.

5. In view of the above, the writ petition fails and is hereby dismissed.

6. The applications filed for intervention/addition of party stands disposed of.

7. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon completion of usual legal formalities.

(Amrita Sinha, J)