Extracted from the PDF above. The PDF is authoritative.
16.07.2026
In the High Court at Calcutta
Ct. No.6
Civil Revisional Jurisdiction
Sl. No.24 akd
C. O. 1792 of 2026
[Uttam Kumar Mandal. -Vs- Narendranath Mandal]
Mr. Aditya Mondal Mr. Oshik Chatterjee Mr. Rahul Samadder
… … for the petitioner
1. The order dated April 17, 2026 passed by the learned District Judge, Paschim Medinipur in Misc. Appeal No. 39 of 2026 is under challenge at the instance of the defendant.
2. The learned advocate appearing for the petitioner submits that the opposite party assailed an order rejecting the prayer for ad-interim order of injunction in Misc. Appeal No. 39 of 2026 and the learned Judge of the appellate court, by the order impugned, passed an order restraining the petitioner from causing any disturbance in the peaceful possession of the opposite party by raising any construction in respect of the ‘A’ schedule property. The learned Advocate appearing for the petitioner submits that the petitioner is not carrying on any construction work on the property in question but was only carrying out certain repairing works in the property wherein the petitioner claims to be in occupation as a co-owner of the property.
3. This Court is not inclined to modify the order impugned without hearing the other side.
4. At this stage, the learned advocate appearing for the petitioner prays for liberty to the petitioner to approach the learned Judge of the appellate court with an appropriate application.
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5. In the light of the submissions made by the learned advocate appearing for the petitioner, C.O. 1792 of 2026 stands disposed of without interfering with the order impugned at this stage but by giving liberty to the petitioner to take out an appropriate application before the learned Judge of the appellate court in Misc. Appeal No. 39 of 2026. If any application is taken out by the petitioner in the said Miscellaneous Appeal, the learned Judge of the appellate court shall be free to decide the same in accordance with law as expeditiously as possible after affording an opportunity of hearing to the respective parties and without granting any unnecessary adjournment to either of the parties.
6. There shall be no order as to costs.
7. All parties are to act on a server copy of this order duly downloaded from the official website of this Court.
(Hiranmay Bhattacharyya, J.)