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2026 DAILYLAW 92 (CAL)

UTTAM KUMAR GHOSH @ UTTAM GHOSH v. LAKSHMIBALA GHOSH AND ORS.

CO/1031/2026 · 2026-04-07

Om Narayan Rai

body2026

Judgment text

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07.4.2026 Ct. no. 6 D/L.20 Samarpita IN THE HIGH COURT AT CALCUTTA CIVIL REVISIONAL JURISDICTION (Appellate Side) C.O. 1031 of 2026 Uttam Kumar Ghosh @ Uttam Ghosh Vs. Lakshmibala Ghosh & Ors. Mr. Palash Bapari … for the Petitioner Mr. Uttiya Ray, Mr. Atish Santra …. For the Opposite Party No. 1 to 4 1. This revisional application has been filed against an order dated February 11, 2026, passed by the learned Civil Judge (Senior Division), 2nd Additional Court at Burdwan, thereby restraining the parties to the suit from the carrying out any construction work over the suit property till disposal of the application under Order 39 Rules 1 and 2, read with Section 151 of the Code of Civil Procedure, 1908, filed by the plaintiffs- opposite parties. 2. Such order is evidently appealable in nature. In such view of the matter, C.O. 1031 of 2026 is not entertained. 3. The petitioner shall be entitled to take back the certified copy of the order dated February 11, 2026, passed in Title Suit No. 495 of 2025 upon furnishing a Photostat copy 2 thereof, duly countersigned by the learned advocate on record for the petitioner. 4. This order shall not prevent the petitioner from challenging the said order dated February 11, 2026, in accordance with law. 5. Urgent photosat certified copy of this order, if applied for, be supplied to the parties upon compliance of all requisite formalities. < (Om Narayan Rai, J.)