Shrimati Rima Dutta And ORS. v. Swapan Kumar Dutta And ORS.

18.02.2026 Ct. No. 30 S.L. No. 53 SM CO 3729 of 2024 With IA No.: CAN 1 of 2025 Shrimati Rima Dutta & Ors.

Versus

Swapan Kumar Dutta & Ors.

Mr. Rabindranath Mahato Mr. Aritra Shankar Ray .......for the petitioners 1.

CAN 1 of 2025 is filed by the learned counsel for the opposite parties praying for expeditious disposal of the first appeal being title appeal no. 9 of 2024 pending before the learned District Judge, Pashchim Midnapore. 2.

On hearing the learned counsels for the parties and on perusal of the materials on record more specifically the order dated 21.02.2025, the revisional application is disposed of with the direction that the opposite parties herein shall not change the nature and character of the 'Ka' schedule property of the plaint as well as create any third party interest over the suit property till disposal of the title appeal before the learned appellate Court.

3.

Considering that the said restraining order is being passed as per the order dated 21.02.2025, which applies only to the opposite parties, this Court further directs that the petitioner herein also shall henceforth also be restrained from changing the nature and character of the suit property and from creating any

third party interest over the property till disposal of the title appeal.

4.

On hearing the parties and on consent the injunction petition pending before the appellate Court stands disposed of as directed.

5.

Appellate Court is directed to dispose of the appeal on hearing the parties in accordance with law expeditiously preferably within two months from the date of this order.

6.

Revisional application along with CAN 1 of 2025 stands disposed of.

7.

Applications, if any, connected thereto stand disposed of consequently.

8.

Interim order, if any, stands vacated.

9.

Photostat certified copy of this order, if applied for, be given to the parties on priority basis upon compliance of all formalities.

[Shampa Dutt (Paul). J]