Abhigyan Roy v. Indrani Roy And ORS.

IN THE HIGH COURT AT CALCUTTA

CIVIL APPELLATE JURISDICTION APPELLATE SIDE

Present:

The Hon'ble Justice Debangsu Basak And The Hon'ble Justice Md. Shabbar Rashidi M.A.T. 1099 of 2025 With CAN 1 of 2025 Mr. Abhigyan Roy Vs.

Mrs. Inrani Roy & Ors.

For the Appellant : Mr. Biswaroop Bhattacharya Ms. Ashmita Chakraborty Ms. Neelanjana Ghorai For the Writ Petitioner : Ms. Debanwita Pramanick Mr. Aritra Shankar Ray Mr. Debopriaya Ghosh For the State : Mr. Jyoti Prakash Chatterjee Mr. Himadri Kumar Mahata Heard & Judgment on : July 23, 2025 DEBANGSU BASAK, J.:-

1. Appeal is directed against an order dated July 9, 2025 passed in W.P.A. 29963 of 2024.

2. Order impugned is of interim nature. Writ petition is still pending. Learned Trial Judge is yet to decide the writ petition finally.

3. In our view, rights of the private parties as canvassed in the writ petition before the learned Single Judge is yet to be finally decided

upon. Interim order places certain interim measures pending the decision in the writ petition.

4. It is contended on behalf of the appellant that giving the nature of relationship between the appellant and his mother, the directions contained in the impugned order are unworkable. In any event, the designated officer under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 is yet to take a final decision for the Writ Court to intervene.

5. These contentions may be raised before the learned Single Judge, if so advised, on behalf of the appellant.

6. Since the writ petition is yet to be finally decided and since we are not minded to interfere to the interim measure put in by the learned Single Judge, we find no merit in the present appeal.

7. M.A.T. 1099 of 2025 and the connected application being CAN 1 of 2025 are dismissed without any order as to costs. (Debangsu Basak, J.)

8. I agree.

(Md. Shabbar Rashidi J.) S.D.