Ghanshyam Sarda v. Sri Govind Kumar Sarda & ORS.

OD 1

IN THE HIGH COURT AT CALCUTTA

CIVIL APPELLATE JURISDICTON ORIGINAL SIDE APO/285/2017 IA NO: GA/1/2017(Old No:GA/1613/2017) GHANSHYAM SARDA VS SRI GOVIND KUMAR SARDA & ORS.

BEFORE:

HON'BLE JUSTICE SABYASACHI BHATTACHARYYA -A N D- HON'BLE JUSTICE UDAY KUMAR Date: JUNE 11, 2025.

Appearance:

Mr. S.N.Mitra, Sr. Adv.

Mr. S. Sarkar, Adv.

Mr. A. Kanodia, Adv.

...for appellant Mr. Sk. S. Nafisul Islam, Adv.

...for respondent 1 Mr. Aritra Basu, Adv.

....for respondent 121 to 124 The Court:- At the outset, learned Senior Counsel appearing for the appellant apprises the Court that the present appeal is pending since the year 2017 and an ad interim order of injunction was passed in connection therewith on May 30, 2017.

We find that the present challenge itself has been preferred against an adinterim order of injunction. Since the main temporary injunction application is still pending before the learned Single Judge taking up the suit, we are of the opinion that since the ad interim injunction passed in connection with the appeal

is already subsisting for a period of eight years, no serious harm would befall the respondents if the same is continued for some further period and the temporary injunction application is adjudicated finally by the learned Single Judge taking up the suit.

Accordingly, APO/285/2017 is disposed of by extending the ad-interim order granted in connection therewith for a period of two months from date and/or until further orders are passed by the learned Single Judge taking up temporary injunction application, whichever is earlier. It is made clear that this Court has not entered into the merits of the appeal and it is left open to the parties to urge all points raised by them before the learned Single Judge taking up the injunction application. We further clarify that it will be open to the learned Single Judge taking up the temporary injunction application to vary, modify, and/or vacate the interim order granted by us and/or extend the same if the ends of justice so require. GA/1/2017 (Old No.GA/1613/2017) is also disposed of accordingly. There will be no order as to costs.

(SABYASACHI BHATTACHARYYA, J.) (UDAY KUMAR, J.) GH.