Protiva Mondal @ Prathiba Mondal And ORS. v. Shri Khagen Mondal And ORS.

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR *** FMAT/4/2023 IA NO: CAN/1/2023 Protiva Mondal @ Prathiba Mondal and others Vs.

Shri Khagen Mondal and others Mr. Debnath Ganguly Ms. Supriyo Dutta Mr. P. Munda ... for the appellants Mr. Ajoy Kumar Mandal .... For the respondents April 25, 2023 [SR] Item No.3 The appeal is directed against the order of injunction passed by the learned Joint Civil Judge (Senior Division), South Andaman, Port Blair in Misc. Judicial Case No.13 of 2022 filed under Order IX Rule 9 of the Code of Civil Procedure dated 16.12.2022 wherein the learned Joint Civil Judge, Senior Division has granted ad interim injunction on an application filed under section 151 of the CPC by directing both the party of the Suit No. 23 of 2019 not to change the nature and character of the suit property as on date till 27.12.2022 and thereafter the ad interim order is extended from time to time.

As per the Andaman and Nicobar Islands Civil Courts Regulations, 1947 (Regulation 11 of 1940), the Chief Commissioner of Andaman and Nicobar Islands establishes the Court of District Judge for the Andaman and Nicobar Islands as the Principal Civil Court of original jurisdiction within the Andaman Islands with jurisdiction to hear appeals

from judgment, decree and final order of all the subordinates' Court within the Andaman Islands.

In view of the regulation, we are of the view that the appeal filed by the appellant is not maintainable before this Court.

The learned counsel for the appellants prays for leave to withdraw this appeal. Such leave is granted. The appeal is dismissed as withdrawn. The learned advocate for the appellant is permitted to take back the certified copy of the order impugned upon furnishing photocopy thereof. This order, however, will not prevent the appellants to prefer the appeal before the appropriate forum of law in accordance with law.

( Krishna Rao, J. ) ( Biswajit Basu, J. )