← Library
Calcutta High CourtFMAT/363/2022dismissed

Kanchan Mondal And ORS v. Kashinath Alias Batul Mondal And ORS

2023-06-21Hon'Ble Justice Harish Tandon,Hon'Ble Justice Prasenjit Biswas2 pages

F.M.A.T. 363 of 2022 21.06.23 Ct. No. 04 Kanchan Mondal & Ors.

Vs.

Kashinath @ Batul Mondal & Ors.

-------- akd None appears in support of the instant appeal. Stamp Reporter indicated that the instant appeal though filed beyond the statutory period is not maintainable before this Court.

We notice that the prayer for ad interim order of injunction is refused by the Civil Judge (Senior Division), 1st Court, Baruipur in a suit valued at Rs.90,100/-.

In view of the provisions contained under Section 21 of the Bengal, Agra and Assam Civil Courts Act, the instant appeal is not maintainable before us and hence dismissed.

However, dismissal of the appeal shall not prevent the appellants to pursue their remedy before the appropriate forum.

The Assistant Court Officer is directed to return the certified copy of the impugned order to the learned Advocate on record of the appellants upon replacement with a photocopy thereof.

(Harish Tandon, J.) (Prasenjit Biswas, J.)