21.07.2026 Ct. No. 17 Sl. No. 2 RANJAN FMAT 227 of 2026 IA NO: CAN 1 of 2026 HEMANT KUMAR CHABRIA AND ANR. VS. NAWAL SULTANIA AND ORS. Mr. Anirban Roy Mr. Debjit Basu .......for the appellants The appeal is admitted. This is an appeal directed against an ad interim order dated 20.04.2026 passed by the Learned Civil Judge (Senior Division), Sealdah in Misc. Case No. 2 of 2026. The impugned order has been passed in an application under Order XXI Rule 42 of the Code of Civil Procedure, 1908. Briefly, the appellant is an unfortunate landlord who despite having obtained a decree as on 30 September, 2020 has been unable to enjoy the fruits of the same. It is pertinent to mention that the decree had also been affirmed by the Hon’ble Supreme Court. Thereafter, the decree holder has filed an application under Order XXI Rule 42 of the Code of Civil Procedure, 1908. By the impugned order, the Learned Trial Court has refused to pass any ad interim order of protection in view of the fact that the original certified copy of the judgment 2 and decree passed in Title Suit No. 135/2016 had not been produced. The matter is at large before the Learned Trial Court and no final decision has been taken. The rights of the parties are yet to be adjudicated upon. It also appears from the records that the matter has been fixed on 01.08.2026. In view of the balance of convenience, we are not inclined to interfere with the impugned order. The matter is remanded back to the Learned Civil Judge (Senior Division), Sealdah for disposal without granting any unnecessary adjournments to either of the parties. It is made clear that we have not gone into the merits of the case and all issues are left open for the Learned Trial Court to decide. At the cost of repetition, the Trial Court is to positively dispose of the application within a month from the date of communication of this order. With the above directions, FMAT 227 of 2026 alongwith connected application being CAN 1 of 2026 stands disposed of. [RAVI KRISHAN KAPUR, J.] [CHAITALI CHATTERJEE (DAS), J.]