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2026 DAILYLAW 41702 (CAL)

KALIMUDDIN SEKH v. BABAR ALI AND OTHERS

CO/3225/2026 · 2026-09-17

Hiranmay Bhattacharyya

body2026

Judgment text

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Sl.17 17.09.2026 Court No.6 BP C.O. 3225 of 2026 Kalimuddin Sekh -versus- Babar Ali & Ors. Mr. Sarbananda Sanyal Mr. Samrat Chakraborty ..for the petitioner This application under Article 227 of the Constitution of India is at the instance of the plaintiff and is directed against an order an order dated 4th August, 2026 passed by the learned Civil Judge (Junior Division), 2nd Court at Rampurhat, Birbhum in Title Suit No. 36 of 2026. By the order impugned the application under Section 151 of the Code of Civil Procedure praying for temporary mandatory injunction for removal of the obstruction made by the opposite parties in violation of the ad interim order of injunction stood rejected. The learned trial judge was right in holding that such a prayer claiming mandatory injunction cannot be passed without affording an opportunity to the other side to contest such application. That apart, the learned trial judge has further noted upon perusing the commissioner’s report that there is an alternative pathway through which the plaintiff can ingress and egress into their premises. The learned trial judge has assigned cogent reasons for 2 not allowing the prayer for mandatory injunction on an application under Section 151 of the Code of Civil Procedure. For such reason, this Court is not inclined to interfere with such order. At this stage Mr. Sanyal, learned advocate appearing for the petitioner submits that hearing of the suit be expedited. C.O. 3225 of 2026 stands disposed of by requesting the learned Civil Judge (Junior Division), 2nd Court at Rampurhat, Birbhum to dispose of Title Suit No. 36 of 2026 as well as the interlocutory applications as expeditiously as possible without granting any unnecessary adjournments to either of the parties. 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.)