Pushpa Rani Jana And ORS v. Anil Kumar Paik @ Anil Paik And ORS

18.12.

Ct. No. 08 ab FMA 1287 of 2024 IA No. CAN 1 of 2024 Smt. Pushpa Rani Jana and others Vs.

Sri Anil Kumar Paik alias Anil Paik and others. --------------------- Mr. Haradhan Banerjee.

... for the appellants.

Mr. Utpal Bose, Mr. Pradyumna Sinha, Mr. Sannidhya Dutta, Ms. Anjali Roy.

... for the respondent no. 1.

The plaintiffs/appellants have assailed the order dated 11th September 2024 passed in Title Suit No. 352 of 2024 by which a prayer for ex parte ad interim order of injunction was rejected.

At the time of moving the instant application, Mr. Haradhan Banerjee, learned Senior Advocate appearing on behalf of the appellants, fairly submits that after refusal to pass an ex parte ad interim order of injunction, the principal defendant has already entered appearance and, therefore, it would sub-serve the justice if the application for temporary injunction is decided expeditiously.

Mr. Utpal Bose, learned Senior Advocate appearing on behalf of the respondent no. 1, submits that his client has not entered appearance in the suit.

To obviate any complication, since Mr. Bose's client has already appeared and has been served with the copy of the injunction application containing the plaint and the application for temporary injunction, we, therefore, feel that it would meet the ends of justice if the application for temporary injunction is decided within a short period of time.

We, therefore, permit the principal

defendant/respondent no.

1, against whom the injunction is sought, to file written objection to an application for temporary injunction before the Trial Court within one week after the Christmas Vacation; reply thereof, if any, shall be filed within a week thereafter. The learned Judge in the Trial Court is requested to dispose of the application for temporary injunction within two weeks from the date of expiration of period for exchange of affidavits after affording an opportunity of hearing to the respective parties and by recording reasons in accordance with law.

The appeal and the connected application being CAN 1 of 2024 are disposed of.

For abandon precaution it is hereby made clear that this Court has no occasion to go into the merit and/or the demerit of the stand taken or to be taken by the parties and, therefore, the Trial Court shall decide the application being uninfluenced with any incidental or accidental observations made herein above on merit. (Harish Tandon, J.) (Prasenjit Biswas, J.)