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2026 DAILYLAW 32400 (CAL)

ASHIMA BHUNIA v. MANAS RANJAN JANA AND ANR

CO/2436/2026 · 2026-08-05

Hiranmay Bhattacharyya

body2026

Judgment text

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Sl.22 05.08.2026 Court No.6 BP C.O. 2436 of 2026 Smt. Ashima Bhunia -versus- Manas Ranjan Jana & Anr. Mr. Sukanta Das ..for the petitioner Mr. R. Mahato Mr. A.S. Roy ..for the opposite parties Mr. Das, learned advocate appearing for the petitioner submits that the application under Section 151 of the Code of Civil Procedure filed by the petitioner praying for an order allowing the petitioner to cultivate the land in question stood rejected by a totally non-speaking order. Mr. Mahato, learned advocate appears for the opposite parties. He submits that since the ad interim order of injunction was extended as a consequence thereto the application under Section 151 of the Code of Civil Procedure stood rejected. However, this Court finds that the learned trial judge had not assigned any reasons for rejecting the application under Section 151 of the Code of Civil Procedure. Only for such reason this Court is inclined to interfere with the order being no.23 dated 22.06.2026 insofar as it relates to rejection of the application under Section 151 of the Code of Civil Procedure is concerned. Accordingly, the impugned order insofar as it relates to 2 rejection of the application under Section 151 of the Code of Civil Procedure is set aside. The application under Section 151 of the Code of Civil Procedure stands restored to the file of the learned trial judge. The learned trial judge is requested to fix a date of hearing of the application under Section 151 of the Code and make an endeavour to dispose of the same by passing a reasoned order after affording an opportunity of hearing to the respective parties as expeditiously as possible but preferably within a period of six weeks from the receipt of a server copy of this order. With the above observations, C.O. 2436 of 2026 stands disposed of. There shall be, however, no order as to costs. Urgent certified photocopy of this order, if applied for, be supplied to the parties expeditiously on compliance of usual legal formalities. (Hiranmay Bhattacharyya, J.)