Extracted from the PDF above. The PDF is authoritative.
D/L- 29 30/04/2025 Ct. No.-6 Aritra C.O. 1459 of 2025
Md. Asif Vs. Sk. Aslam @ Sk. Aslam & Ors.
Mr. Sujit Banerjee Mr. Nilay Sengupta
.…for the petitioner
This application under Article 227 of the Constitution of India is directed against an order dated March 11, 2025 passed by the learned District Judge, South 24-Parganas at Alipore in Misc. Appeal No.76 of
2025. The petitioner herein filed a suit for declaration that he cannot be evicted forcefully without due process of law. In such a suit the petitioner filed an application under Order 39, Rule 1 and 2 of the Code of Civil Procedure and prayed for an ad interim order of injunction. The learned trial judge by an order dated February 27, 2025 refused to pass an ad interim order of injunction. Being aggrieved the petitioner preferred a Miscellaneous Appeal No.76 of 2025 and prayed for an ad interim order of injunction. The learned Judge, First Appellate Court, by the order impugned, refused to pass any interim order at this stage.
2
After going through the materials and after hearing the learned advocate for the petitioner, this Court finds that the learned Judge of the First Appellate Court was right in refusing to pass an ad interim order of injunction. To the mind of this Court an order directing the First Appellate Court to dispose of the misc. appeal will serve the interest of justice. In view thereof, CO 1459 of 2025 is disposed of by requesting the learned District Judge, South 24- Parganas at Alipore or the Transferee Court to dispose of the Miscellaneous Appeal No.76 of 2025 as expeditiously as possible, if the same made ready for hearing. There will be no order as to costs. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.
(Hiranmay Bhattacharyya, J.)