Prem Kumari And ORS v. Govind Ram And ORS

IN THE HIGH COURT AT CALCUTTA

[CIRCUIT BENCH AT PORT BLAIR] ...

CO/63/2023 Prem Kumari and others Vs.

Govind Ram and others Mr. Arul Prasanth ... for the petitioners Mr. Vishal Kumar Biswas ... for the Respondent No. 1 December 19, 2023 [AKB] Item No.4 The present civil revision has been preferred against an order dated 07.12.2023 passed in Misc. Appeal No. 21 of 2023 by the learned District Judge, Port Blair wherein the learned Court refused to grant an interim stay of the order of 'status quo' passed by the learned Civil Judge, Senior Division, Port Blair in Title Suit No. 60 of 2022 on an application under Section 39 read with Rule 1 and 2 of CPC. It is admitted by learned counsel for the petitioners/defendants herein that they have directly challenged the order of status qua before the learned District Judge and on being unsuccessful, have now approached the High Court.

Admittedly the defendant has not approached the trial court under Order 39 Rule 4 of the CPC. Accordingly, the Civil Revisional Application being CO/63/2023 is disposed of with the direction that the petitioners herein/defendants before the Trial Court are at liberty to pray for appropriate relief as per relevant provisions of the Code, before the trial Court.

(Shampa Dutt (Paul), J.)