Shri. Biseswar Mondal And ANR v. Shri. U.Udaiyar

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] *** CO/44/2025 Shri. Biseswar Mondal and another Vs.

Shri. U. Udaiyar Mr. K. Vijay Kumar ... for the petitioner Mr. K. M. Jayapal ... for the opposite party July 10, 2025 [Manoj] Item No.6 The petitioner challenges two orders dated March 17, 2025 and July 04, 2025 passed in Other Suit No.22 of 2025 passed by the learned Civil Judge Senior Division, Mayabunder. The order dated March 17, 2025 is an order of ex parte ad interim injunction directing the parties to maintain status quo while latter is an extension of the said ad interim order. In my view the present revisional application has been preferred under Article 227 of the Constitution of India is not maintainable against such order. The remedy lies in preferring appeal.

In fact, the judgment relied upon by Mr. K. Vijay Kumar reported at 2000(7) SCC 695 ( A. Venkatasubbaiah Naidu vs. S. Chellappan and others) is an authority for proposition. Accordingly, CO/44/2025 is dismissed.

Liberty is granted to the petitioner to file appeal. The department shall return the certified copy of the orders to the petitioner upon filing of xerox copy of the same. ( Kausik Chanda, J. )