Calcutta High Court (Appellete Side)
Rahatan Bibi & Ors vs Arshed Mir & Ors on 3 December, 2018
Author: Biswajit Basu
Bench: Biswajit Basu
59,ML,Ct.21.
03.12.2018 AJ.
C.O. 419 of 2018 with C.A.N. 7456 of 2018 Rahatan Bibi & Ors.
-Vs-
Arshed Mir & Ors.
Mr. Gopal Chandra Ghosh.
... for the petitioners.
In Re: C.O. 419 of 2018 Affidavit-of-service filed in Court today be kept with the record. None appears for the opposite parties in spite of service.
In Re: C.A.N. 7456 of 2018 This is an application for expunging the name of deceased opposite party no. 16, Mossamat Hazra Bewa from the cause title of the revisional application as the legal heirs and representatives of the said deceased opposite party no. 16 are already on record.
The application being C.A.N. 7456 of 2018 is allowed by expunging the name of said deceased opposite party no. 16 from the cause title of the revisional application.
Department is directed to carry out amendment in the cause title of the revisional application.
The present revisional application under Article 227 of the Constitution of India is at the instance of the plaintiffs in a suit for partition, declaration and injunction and is directed against Orders dated January 29, 2018 and February 01, 2018, passed by the learned Civil Judge (Senior Division) at Haldia in Title Suit No. 9 of 2016.
The plaintiffs, in the suit, filed an application under Order 39 Rules 1 and 2 read with Section 151 of the Code of Civil Procedure. The learned Trial Judge, on the said application by the Order No. 02 dated January 15, 2016 passed an ad-interim order of injunction in the form of status quo in respect of nature, character and possession over 'kha' schedule property till February 11, 2016. The said ad-interim order was time to time extended and ultimately by Order No. 17 dated April 10, 2017, the said order was extended till the disposal of the injunction application.
The learned Trial Judge, by the Order No.22 dated January 19, 2018, vacated the sad interim order on the ground that the plaintiffs did not apply for extension of the ad-interim order of injunction. The plaintiffs thereafter filed an application on January 29, 2018 praying that the order dated January 19, 2018 be modified in view of the order dated April 10, 2017.
The learned Trial Judge, by the orders impugned, fixed the date of hearing of the said application.
The ad-interim order of injunction passed vide Order No.02 dated January 15, 2016 was extended till the disposal of the application for injunction by the Order No. 17 dated April 10, 2017 the said order is still in force since the application for injunction has not yet been disposed of. Therefore, on January 19, 2018 there was no occasion for the petitioners to apply for the extension of the said ad-interim order of injunction passed earlier.
However, the petitioners have already filed an application for modification of the order dated January 19, 2018 the said application is still pending.
The learned Trial Judge is requested to dispose of the said application immediately after communication of the order of this Court.
With the above observation, the revisional application being C.O. 419 of 2018 is disposed of.
Urgent photostat certified copy of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities.
(Biswajit Basu, J.)