Chhoton Sk. v. Khudu Das And ORS

M/L 141 15.01.2025 sb Ct 5

IN THE HIGH COURT AT CALCUTTA

CIVIL REVISIONAL JURISDICTION CO 1585 of 2024 Chhoton Sk

Versus

Khudu Das & Ors.

Mr. Partha Sarathi Das Ms. Shanta Sarkar Mr. Md. Hafiz Ali Ms. S. De ... For the petitioner.

1. Challenging the order dated 11th January, 2024 passed by the learned Civil Judge (Senior Division), Kandi, Murshidabad in Partition Suit No. 57 of 2019 whereby the ad interim injunction was extended, the instant revisional application has been filed.

2. Mr. Das, learned advocate appearing in support of the aforesaid revisional application would submit that the petitioner is aggrieved by the grant of injunction and the extension thereof by the learned Court.

3. Having heard the learned advocate for the petitioner and noting that in terms of the provisions contained in Order LXIII of the Code of Civil Procedure, 1908 (hereinafter referred to as the Code), the order passed under the provisions of Order 39 Rule 1 and 2 of the Code is appealable, and noting that the petitioner has a

specific alternative remedy, I am of the view that there is no scope to entertain the instant application. The revisional application stands dismissed accordingly.

4. There shall be no order as to costs.

(Raja Basu Chowdhury, J.)