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Calcutta High CourtCO/2747/2024disposed

Guru Sangha v. Giridhari Ashram Rep By Indrajit Chakraborty And ANR

2024-08-06Hon'Ble Justice Biswajit Basu2 pages

06.08.2024 Item No.9, DL Ct.19 A.J.

IN THE HIGH COURT AT CALCUTTA

CIVIL REVISIONAL JURISDICTION C.O. 2747 of 2024 Sri Guru Sangha -Vs- Sri Sri Giridhari Ashram, a Trust, represented by Indrajit Chakraborty & Anr.

Mr. Sounak Bhattacharya, Mr. Chiranjib Sinha, Mr. Satyam Mukherjee, Mrs. Sayani Ahmed, Mr. Purnendu Shekhar Ghosh.

......for the petitioner.

The Order No. 07 dated July 11, 2024 passed in Misc. Appeal No. 57 of 2024 by the 5th Court of the learned Additional District Judge at Barasat, District: 24-Parganas (North) is under challenge in the instant application under Article 227 of the Constitution of India.

The Appeal Court below by an order dated May 09, 2024 had passed an ad-interim order of injunction restraining the defendants/ respondents from giving any effect to the notice dated March 12, 2024 till May 22, 2024.

The petitioner had prayed police assistance for implementation of the said adinterim order of injunction which the Appeal Court by the order impugned has refused.

The opposite parties by the said notice had invited the devotees to have their Diksha(s) from their Ashram on the occasion of Akshyay Tritiya.

The notice vis-à-vis the order of injunction has lost its force as the occasion of Akshyay Tritiya is over;

therefore, the prayer for implementation of the said order of injunction has become infructuous.

C.O. 2747 of 2024 is therefore disposed of with the above observations without any order as to costs.

This order however will not prevent the petitioner to apply for police assistance to implement an effective order of injunction.

Parties to act on the server copy of this order duly downloaded from the official website of this Court.

Urgent Photostat certified copies of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities.

(Biswajit Basu, J.)