Anant Rao v. Jharna Singh

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] *** CO/61/2023 Anant Rao Vs.

Jharna Singh Mr. KMB Jayapal ... for the petitioner January 10, 2024 [SR] Item No.14 The revisional application has been filed challenging an ad interim order passed in Misc. Appeal No.13 of 2023 dated November 21, 2023, by the learned District Judge, Andaman and Nicobar Islands, Port Blair.

This Court is of the view that the Misc.Appeal should be disposed of upon hearing both the parties.

The contentions of Mr. Jayapal are that the ad interim order could not be passed, staying the execution of a deed of sale. Such execution of the deed was in compliance of a decree passed in Other Suit No.74 of 2021. The said judgment and decree was not challenged by any party and the aggrieved party, who was not a defendant in the suit, could avail of the other remedies under the Civil Procedure Code. Mr. Jayapal further submits that the learned Trial Judge had rejected the prayer for injunction on the ground that the provisions of the Civil Procedure Code, staying the execution of the decree, could be availed of by the plaintiff of the present suit. The same was not done and the plaintiff was not entitled

to an injunction. Steps should have been taken in the execution case.

The learned District Judge was of the prima facie, view that there should be an ad interim order staying the execution or registration of the deed, in order to avoid multiplicity of proceedings. This was a prior suit and the decree was obtained in a suit of 2021.

If the revisional application is kept pending before this Court, unnecessary delay will be caused in disposing of the Misc.Appeal and the points urged by Mr.Jaypal, can be urged in the Misc.Appeal, which is yet to be decided. Moreover, interim order, if passed by me, would amount to allowing the revisional application.

This Court is of the view that justice would be subserved, if the Misc.appeal is disposed of expeditiously, preferably within two months from the next date fixed and the learned Court shall consider all the issues of law and fact, which have been raised by Mr. Jayapal, namely; (a) Whether, in a suit for specific performance of contract, execution of decree passed in another suit for specific performance of contract, could be restrained by injunction, without there being any prayer for cancellation of such decree.

(b) Whether the remedy of the plaintiff would be before the learned executing court dealing with execution of

the decree passed in Other Suit No.74 of 2021, under the provisions of Civil Procedure Code.

The First Appellate Court shall not be influenced by the ad interim order and the observations made therein, while disposing of the Misc.appeal.

The revisional application is disposed of accordingly. ( Shampa Sarkar, J. )