Indranil Kar v. Ruposi Bangla Residents Task Force Association And ORS

19.09.2025 Court No.6 ADSL 1 sudipta

IN THE HIGH COURT AT CALCUTTA

CIVIL REVISIONAL JURISDICTION APPELLATE SIDE C.O. 3555 of 2025 Indranil Kar Vs.

Ruposi Bangla Residents Task Force Association & Ors.

Mr. Rahul Karmakar Mr. Samriddha Sen Mr. D. Das Mr. S. Mukherjee Mr. Pratik Acharjee ...for the petitioner

1. This matter was mentioned by Mr. Karmakar, learned advocate for the petitioner, at the first sitting of the Court citing urgency. Considering such urgency pleaded by the learned advocate for the petitioner, this matter was directed to appear in the supplementary list today. Accordingly, the supplementary list was published with an indication that this matter will be taken up at 2:00 p.m. today.

2. This application under Article of the Constitution of India is at the instance of the plaintiff challenging various orders passed by the learned Civil Judge (Junior Division), 1st Court at Barasat in Titile Suit No. 963 of 2025.

3. Mr. Karmakar, learned advocate appearing for the petitioner submits that the petitioner filed a suit praying for a declaration that the notice dated June 15, 2025 is illegal, null and void and not binding upon the petitioner and for a further declaration that Ruposi Bangla Residents Task Force Association have no right, authority or entitlement to organize or conduct any activities including Durga Puja celebration within the suit premises. Mr. Karmakar submits that the defendants / opposite parties filed an application under Order VII Rule 11 of the Code of Civil Procedure which stood dismissed and the learned Trial Judge did not fix any date for hearing of the application for injunction and the next date of the suit is fixed on November 10, 2025.

4. Mr. Karmakar submits that the petitioner filed an application for temporary injunction praying for restraining the members of the defendant no. 1 from conducting or organizing any Durga Puja and any similar events within GLS Ruposi Bangla Phase 1. He submits that unless the said application is immediately taken up for hearing, the purpose of filing the said application will be frustrated. Mr. Karmakar further submits that the opposite parties have already lodged a caveat and

the copy of the injunction application has duly been served upon the learned advocate for the caveator in Titile Suit No. 963 of 2025. Mr. Karmakar submits that a direction be passed upon the learned Trial Judge for taking up the hearing of the injunction application on an urgent basis.

5. In view of the order sought and proposed to be passed, there is no necessity to direct issuance of any notice upon the opposite parties. However, the learned advocate on record of the petitioner shall be obliged to forward a copy of this application along with this order upon the opposite parties or upon the learned advocate representing the opposite parties before the learned Trial Judge forthwith.

6. Accordingly, CO 3555 of 2025 stands disposed of with the following directions.

i.

Petitioner will be at liberty to file a put up petition before the learned Trial Judge on September 20, 2025 praying for fixing an early date of hearing of the application for injunction upon serving an advance copy of such put up petition upon the learned advocate for the caveator.

ii.

If such an application is filed, the learned Trial Judge shall consider the same and fix an early date of hearing of such application keeping in mind that the festival is scheduled to commence on and from September 27, 2025.

iii.

It will be open to the opposite parties to file a written objection to the injunction application on or before the next date of the hearing of the application for injunction to be fixed by the learned Trial Judge upon serving an advance copy of the same either through physical mode or through electronic mode upon the learned advocate for the petitioner.

7. The learned Trial Judge is requested to act on the basis of the communication made by the learned advocate for the petitioner.

8. Urgent certified copy of this order, if applied for, be given to the parties upon compliance of all necessary formalities.

9. All parties shall act on the basis of the server copy of this order duly downloaded from the official website of this Court.

(Hiranmay Bhattacharyya, J.)