SHRI SHRI ISWAR JAGADISWAR AND SHRI SHRI INST REPD. BY RAJIB KUMAR AND ANR. v. SHRI SHRI ISWAR JAGADISWAR AND SHRI SHRI INST REPD. BY SUBRATA KUMAR AND ORS.
CO/1130/2026 · 2026-04-06
Om Narayan Rai
body2026
DailyLaw.ai
[ 2026 DAILYLAW 6936 (CAL) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 6936 (CAL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
N.22Sl 151/CL 06.04.26 ML-15 Ct-06 (S.R.)
CO 1130 of 2026 Shri Shri Iswar Jagadiswar & Shri Shri Iswar Nakuleswar Shib Thakur being represented by the Sebaits: Rajib Kumar & Anr. v. Shri Shri Iswar Jagadiswar & Shri Shri Iswar Nakuleswar Shib Thakur being represented by the Sebaits: Sri Subrata Kumar & Ors. Mr. Shankha Maity Mr. Nishat Kumar … for the petitioners.
1. This revisional application assails an order dated January 21, 2026 passed by the learned Civil Judge (Junior Division), 1st Court, Howrah in Title Suit No.71 of 2001 whereby the petitioners’ application under Section 94 of the Code of Civil Procedure, 1908 has been dismissed.
2. An application filed under Section 94 of the Code praying for an order of injunction is actually relatable to an application under Order 39 Rule 1 and 2 of the Code and that being so, an order passed thereon shall be appealable under Order 43 Rule 1(r) of the Code. The present revisional application is, therefore, not maintainable.
3. CO 1130 of 2026 stands dismissed.
4. The petitioners shall be entitled to take back the certified copy of the order dated January 21, 2026, impugned herein upon furnishing a photostat copy
thereof duly countersigned by the learned advocate appearing for the petitioners.
5. This order shall not preclude the petitioners from taking appropriate steps to challenge the aforesaid order dated January 21, 2026, in accordance with law.
6. Urgent certified photocopy of this order, if applied for, be supplied as expeditiously as possible. (Om Narayan Rai, J.) 2