Muneswar Lall v. The Andaman And Nicobar Administration

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] ...

CO/14/2022 Shri Muneswar Lall ... Petitioner/Plaintiff Vs.

The Andaman and Nicobar Administration & Another ... Respondents/Defendants Mr. K. Vijay Kumar ... for the Petitioner/Plaintiff Ms. Babita Das ...for the Respondents/Defendants April 12, 2024 [M.A.Mobin] Item No.5 1.

Supplementary affidavit is field on behalf of the petitioner rectifying the date of order passed in Misc. Appeal No.19 of 2021 in respect of interim order. 2.

This Revisional application under Article 227 of the Constitution of India has filed assailing the order dated 30th June, 2022 in connection with Misc. Appeal No.19 of 2021 whereby learned District Judge affirmed the order dated 14th September, 2021 passed in Title Suit No.43 of 2021 by the learned Civil Judge (Senior Division), Port Blair. 3.

Both the learned Counsel appearing on behalf of the parties to this Revisional application are present. 4.

It is submitted that injunction application under Order 39 Rule 1 and 2 of the Code of Civil Procedure is still pending before the learned Trial Judge in connection with Title Suit No.43 of 2021.

5.

It is further submitted that parties are ready to contest the application under Order 39 Rule 1 and 2 of the Code of Civil Procedure as both the parties were directed by this Court by the order dated 22nd July, 2022, to maintain status quo over the subject property ("B" schedule property) till the disposal of the Revisional application. 6.

Observation of this Court on 22nd July, 2022 clearly speaks volume of prima facie case at the interim stage. 7.

With the aforesaid facts and circumstances, I find that parties should maintain status quo over the subject property till the hearing of the injunction petition which is still pending before the learned Trial Judge. 8.

This Court has already found an arguable issue for entering into the merit of the injunction petition and accordingly an order of status quo was promulgated by the order dated 22nd July, 2022 and I am of the opinion that nothing is left to adjudicate by this Court at this stage save and except by giving a direction upon the Trial Judge to dispose of the injunction application under Order 39 Rule 1 and 2 of the Code of Civil Procedure.

9.

At this stage, I find hardly any necessity to go into the merit while injunction application under Order 39 Rule 1 and 2 of the Code of Civil Procedure still pending before the learned Trial Judge.

10.

Given facts and circumstances both the parties are directed to maintain status quo over the subject property

till the disposal of the injunction application under Order 39 Rule 1 and 2 of the Code of Civil Procedure. 11.

Learned Trial Judge is directed to dispose of the application under Order 39 Rule 1 and 2 of the Code of Civil Procedure as expeditiously as possible, preferably within 30 days from the date of receipt of this order. 12.

With the aforesaid observation the Revisional application stands disposed of.

13.

Parties to act on a server copy of this order duly collected from the official website of the Hon'ble High Court at Calcutta.

[Bibhas Ranjan De, J.]