SRI HARADHAN ASH AND ORS. v. STATE OF WEST BENGAL AND ORS.
WPA/8676/2026 · 2026-10-08
Chaitali Chatterjee Das
body2026
DailyLaw.ai
[ 2026 DAILYLAW 48376 (CAL) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 48376 (CAL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Court No. 34 (266294) 08.10.2026
(AD 63)
(S. Banerjee) WPA 8676 of 2026
Sri Haradhan Ash & Ors. Vs. The State of West Bengal & Ors.
Ms. Sukla Das Chandra Mr. Pratim Chakraborty
…for the petitioners Mr. Wasim Ahmed Ms. Nagma Parveen Mr. Shanawaz Ahmed Khan
…for the respondent nos. 7 to 9
1. This writ petition has been filed by the petitioners for implementation of the interim order granted in favour of the petitioners by the learned Civil Judge (Jr. Division) in connection with Title Suit No. 315 of 2026.
2. The learned advocate representing the private- respondents submits that this writ petition has become infructuous since after entering appearance in the title suit, they took out an application under Order 39 Rule 4 of the Civil Procedure Code and the same was allowed after hearing both the parties and, therefore, the interim order granted on March 17, 2026 has been set aside. In support of his contention he has placed before this Court a copy of the said order passed on October 6, 2026.
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3. On behalf of the petitioners it has been submitted that she has no such instruction in this regard.
4. Having heard the learned advocates for the parties and after perusal of the record it transpires that on March 17, 2026 an interim order of injunction was passed restraining the defendant nos. 1 to 3, i.e., the private respondent nos. 7 to 9 herein, from transferring the A schedule property in favour of any third-party and also from changing the nature and character of the suit property till April 16,
2026. Subsequently in the said suit the present private-respondents entered appearance and in terms of the order dated October 6, 2026, the application filed under Order 39 Rule 4 of the Civil Procedure Code dated July 29, 2026 was allowed on contest and the ad interim order of injunction dated March 7, 2026 was vacated.
5. This writ petition was filed for implementation of the ad interim order granted on March 17, 2026.
6. In view of the above subsequent development, this writ petition has become infructuous since the basic prayer has been set aside by the concerned civil court.
7. In view thereof, this writ petition stands dismissed as infructuous.
(Chaitali Chatterjee (Das), J.)