Calcutta High Court (Appellete Side)
Bimal Krishna Mondal vs Nirmal Kumar Bachar on 27 February, 2015
Author: Harish Tandon
Bench: Harish Tandon
27.02.2015.
Item No. 11C.O. 630 of 2015 Bimal Krishna Mondal Vs. Nirmal Kumar Bachar.
Mr. Alok Roy Chowdhury, Mrs. Mahyua Dutta.
... for the petitioner.
The Appellate Court rejects the application under Order XLI Rule 5 of the Code of Civil Procedure filed in an appeal against a decree for permanent injunction. Such decree has serious consequences and, therefore, the Court ought to have pass the order of stay as held by the Hon'ble Supreme Court in case of Mul Chand Yadav & Anr. Vs. Raja Buland Sugar Co. Ltd. & Ors., reported in (1982) 3 Supreme Court Cases 484.
This Court, therefore, finds that a prima facie case is made out.
The petitioner is directed to serve the copy of the revisional application upon the opposite party by speed post as well as upon the learned advocate representing him the Trial Court and shall file affidavit of service on the next date.
The revisional application shall appear after four weeks in the supplementary list under the heading "Listed Motion".
There shall be stay of the operation of the impugned judgment and decree passed in Title Suit No. 112 of 2005 pending before the learned Civil Judge (Junior Division), Bongaon for a period of eight weeks from date or until further order/orders of this Court, whichever is earlier.
ab (Harish Tandon, J.)