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Calcutta High Court (Appellete Side)

Municipality Of Uluberia vs Bhaswati Rana And Another on 19 July, 2017

Author: Sanjib Banerjee

Bench: Sanjib Banerjee

1 Serial No.40.

July 19, 2017.

SG CO 956 of 2017 Municipality of Uluberia

-versus-

Bhaswati Rana and another Mr Jayanta Mitra Mr Aniruddha Chatterjee Mr H. Bhattacharya Mr G.C. Banerjee Mr S.P. Chatterjee Mr S. Kundu ... for the petitioner.

Mr Udyan Roy Mr Sukanta Mondal ... for the opposite party no.1.

Mr Bhaskar Ghosh Mr Sukumar Bhattacharya ... for the opposite party no.2.

The petitioning municipality complains of an ex parte order passed at the ad interim stage of a miscellaneous appeal without indicating any reasons, particularly as to why an ex parte order was necessary.

In the exercise of this extraordinary jurisdiction, the merits of a matter can scarcely be gone into unless an error of jurisdiction is pointed out or perverse exercise of discretion is demonstrated or there is manifest injustice resulting as a consequence of the order impugned.

Since the principal injunction application in the suit is pending before the trial court, no useful purpose may be served in the appeal being pursued. CO 956 of 2017 is disposed of by continuing the appellate order dated March 7, 2017 for a period of 14 weeks from today. Such order will lapse without reference to any court, unless the injunction application before the trial court is disposed of by then and the order passed by the appellate court is confirmed thereby.

Misc. Appeal No.7 of 2017 is disposed of by virtue of this order and the parties are requested to inform the appellate court accordingly so that its records may appropriately reflect the status of the matter.

All the defendants in T.S. No.83 of 2017, including the petitioner herein, may file their written objection within a fortnight from today. Counter-affidavit, if any, should be filed within a week thereafter. These directions are peremptory. The parties will be at liberty to bring this order to the notice of the Civil Judge (Junior Division) 1st Court at Uluberia for the plaintiffs' principal injunction application in T.S. No.83 of 2017 to be disposed of by the trial court within the time as indicated in this order.

It is made clear that the merits of the matter have not been gone into and it will be open to the trial court to take a different view from the one expressed in appeal.

There will be no order as to costs.

( Sanjib Banerjee, J. ) 3