Sl.20 17.08.2026 Court No.6 BP C.O. 2668 of 2026 Hemant Bangur & Ors. -versus- M.B. Commercial Company Limited Mr. Subhajyoti Mukherjee Mr. A. Chakraborty Mr. S. Dutta Mr. S. Rudra ..for the petitioners This application under Article 227 of the Constitution of India is at the instance of the defendants and is directed against an order being no. 202 dated 9th June, 2026 passed by the Learned Judge, Bench-IV, City Civil Court at Calcutta in Title Suit No. 920 of 1996. By the order impugned the application for stay of the suit for permanent injunction stood rejected. The learned advocate appearing for the petitioners submits that the opposite party filed a suit for eviction against the petitioners herein which stood decreed and challenging the said eviction decree the petitioners have preferred an appeal before this Hon’ble Court and on an application for stay being moved the Hon’ble Division Bench passed an order of stay of operation of the judgement and decree passed by the learned trial judge in the eviction suit. He submits that since the issues are more or less the same in both the suits and common questions of law and fact would arise the suit for injunction should be stayed. 2 After going through the plaint of the suit for permanent injunction and the eviction suit, this Court finds that the issues involved in the suit for permanent injunction cannot be said to be identical with the issues in the eviction suit. That apart the eviction suit has already been decreed. The learned trial judge after taking note of the provisions of Section 10 of the Code of Civil Procedure was right in holding that the issues involved in both the suits are not same and identical. The scope of enquiry in both the suit is different. The learned trial judge was right in rejecting the prayer for stay of all further proceedings of the suit for permanent injunction. This Court does not find any infirmity in the order impugned warranting interference under Article 227 of the Constitution of India. With the above observations, C.O. 2668 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.)