Gouri Dutta And ORS v. Biplab Das And ANR

AG M/R 06.09.

C.O. 2010 of 2022 Gouri Dutta & Anr Vs KB Ct Biplab Das & Anr Ms. Krishna Yadav, ... For the petitioners.

Ms. Sharmistha China, ... For the opposite party no. 1.

This revisional application is against the appellate decision passed in Misc Appeal No. 02 of 2022 of learned District Judge, Howrah, affirming the order of the Trial Court, granting an order of status quo in connection with an application for injunction. Learned advocate appearing for the petitioners submits that the Court below in appeal has not properly gone into the facts presented and pressed, and as such there has been erroneous decision reached by the Court below in appeal.

Per contra, Ms. Sharmistha China, learned advocate appearing for the opposite party no. 1 submits that the Court below has considered the facts presented by both the parties to this case and thereafter decided the appeal.

It is thus submitted by the opposite party, there lies nothing to be interfered with the impugned order. Having considered the submission of both the sides, it appears that the Court below already disposed

of the injunction application directing both the parties to maintain status quo with regard to the suit property till the disposal of the suit.

By the order impugned the Court below in appeal maintained the same upon subscribing independent reasons.

Upon perusal of the impugned order, it appears that there is no error manifest and apparent on the face of the record, and no grave injustice, or gross failure of justice has been occasioned to the petitioner seeking interference by this application.

The impugned order as such does not call for any interference.

The pending suit, however, be expedited so as to reach logical conclusion of the suit in a faster mode. While endeavouring such exercise, the Court below may not grant unnecessary adjournment, unless it is extremely unavoidable.

Petitioners are directed to make communication of this order to the learned court below.

With this observation and direction, the revisional application stands disposed of.

Urgent photostat certified copy of the order, if applied for, be given to the parties on usual undertakings.

(Subhasis Dasgupta, J)