M/S. S.R. Construction Rep By Sole Propritor Chiradip Ray v. Sanjoy Bhowmick And ANR

S/L 19 06.8.2024 Court No.19 SD

IN THE HIGH COURT AT CALCUTTA

CIVIL REVISIONAL JURISDICTION CO 2796 of 2024 M/s. S.R. Construction Vs.

Sanjoy Bhowmick & Anr.

Mr. Tarak Nath Halder ... for the Petitioner.

Mr. Arka Pratim Chowdhury Ms. Dona Ghosh ... for the Opposite Parties.

The defendant in a suit for declaration of title is the petitioner of the instant application under Article 227 of the Constitution of India.

The prayer of the plaintiffs, the opposite parties herein for an ad interim order of injunction was refused by the learned Trial Judge; aggrieved thereby, the plaintiffs have preferred the connected Misc. Appeal No.79 of 2024 pending before the learned District Judge at Barasat, District: 24 Parganas (North).

The petitioner has challenged two orders passed in the said appeal dated July 02, 2024 and July 11, 2024. The appeal was admitted by the first order impugned, and by the second order impugned, the appeal Court below has passed an ad interim order of injunction. The petitioner has entered appearance in the said appeal and has challenged the maintainability of it on the ground that the 2nd Court of Civil Judge (Senior Division) at Barasat, District: 24 Parganas (North) does not have the pecuniary jurisdiction to entertain a suit, value of which is Rs.300/-.

The said challenge since is pending consideration before the appeal Court, this Court is not inclined to interfere with the orders impugned.

CO 2796 of 2024 is thus disposed of without any order as to costs.

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 upon compliance with all requisite formalities.

(Biswajit Basu, J.)