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2026 DAILYLAW 39789 (CAL)

BAPIRAM KAYAL v. MAMONI NAIYA AND OTHERS

CO/2873/2026 · 2026-09-09

Hiranmay Bhattacharyya

body2026

Judgment text

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Sl.7 09.09.2026 Court No.6 BP C.O. 2873 of 2026 Bapiram Kayal -versus- Mamoni Naiya & Ors. Mr. Sandip Das ..for the petitioner This application under Article 227 of the Constitution of India is at the instance of the defendant and is directed against an order being no.3 dated 14th July, 2026 passed by the learned Additional District Judge, Fast Track, 4th Court, Diamond Harbour in Misc. Appeal No. 16 of 2026. Mr. Das, learned advocate appearing for the petitioner submits that by virtue of the deed of family settlement executed by the father of the petitioner, the petitioner became the absolute owner of the property which is the subject matter of the suit for partition. He submits that the learned trial judge refused to pass any ad interim order of injunction and on an appeal being carried therefrom at the instance of the opposite parties, the learned judge of the appellate court passed an ad interim order of injunction. He submits that an ex parte ad interim order of injunction ought not to have been passed by the learned judge of the appellate court. Considering the fact that the miscellaneous appeal is against refusal to pass an ad interim order of injunction 2 this Court is of the considered view that the interest of justice would be sub-served if the miscellaneous appeal is directed to be disposed of expeditiously. It will be open to the petitioner to file a written objection to an interlocutory application filed in the miscellaneous appeal within two weeks from the date of receipt of a server copy of this order. The learned Additional District Judge, Fast Track, 4th Court, Diamond Harbour is requested to make an endeavour to dispose of the interlocutory application filed in the Miscellaneous Appeal No. 16 of 2026 as well as the miscellaneous appeal itself as expeditiously as possible but preferably within a period of twelve working weeks from the next date fixed without granting any unnecessary adjournments to either of the parties. With the above observations, C.O. 2873 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.)