Extracted from the PDF above. The PDF is authoritative.
D/L- 24 19/08/2026 Ct. No.- 6 Aritra C.O. 2738 of 2026
Ajmal Hoque Vs. Sayeda Bewa & Ors.
Mr. Samrat Choudhury ….for the petitioner
This application under Article 227 of the Constitution of India is at the instance of the plaintiff/appellant in Title Appeal No.32 of 2022 and is directed against an order being no.40 dated June 17, 2026 passed by the learned Additional District Judge, Fast Track Court, 2nd Court at Lalbagh, District-Murshidabad. By the order impugned the application for temporary injunction stood rejected. The petitioner no.1 along with the pro-forma opposite party nos.5 to 10 filed a suit for declaration of title with a further declaration that the deed of gift executed in favour of the defendants/opposite parties herein is void. The said suit stood dismissed on contest. The learned Trial Judge dismissed the suit upon holding that the impugned deed is a valid one. The petitioner along with the pro-forma opposite party nos.5 to 10 preferred the instant appeal and filed an application for temporary injunction. The learned Judge of the Appellate Court after observing that the appellants have failed to make out any prima facie case for an order of injunction rejected the
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application for injunction. This Court does not find any infirmity in the order impugned. Considering the fact that August 20, 2026 has been fixed for hearing of the title appeal, CO 2738 of 2026 stands disposed of by requesting the learned Additional District Judge, Fast Track Court, 2nd Court at Lalbagh, District-Murshidabad to take up the hearing of the appeal on the date fixed, if the same is otherwise ready for hearing and make an endeavour to dispose of the same as expeditiously as possible but preferably within a period of 6 months from the next date fixed without granting any unnecessary adjournments to either of the parties. There will be no order as to costs. All parties shall act on the server copy of this order duly downloaded from the official website of this Court.
(Hiranmay Bhattacharyya, J.)